A. The sentence imposed by the lower court on the Defendant (the penalty amounting to KRW 15 million) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below on the defendant is too unhued and unfair.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The instant crime is an unfavorable condition against the Defendant, such as: (a) the fact that the instant crime proceeds about 200 meters while the Defendant got a victim who is under the influence of drinking and the victim was transferred to the knife on the knife; (b) the Defendant had the record of having been punished three times due to drinking driving; and (c) the fact that the Defendant repeatedly drives the instant drinking even after having been punished by imprisonment with prison labor due to a non-licenseless driving.

However, at the time of the instant crime, the Defendant appears to have the attitude of recognizing and reflecting all the instant crimes. At the time of the instant crime, the Defendant’s blood alcohol concentration was relatively lower than 0.035%, and the Defendant agreed with the victim and the Defendant smoothly, etc. are favorable to the Defendant.

In addition, taking into account the various sentencing conditions as shown in the records and arguments of the instant case, such as the Defendant’s age, sex, environment, and circumstances after the crime, the lower court’s punishment was too heavy or it exceeded the reasonable scope of discretion by hurding it.

It does not appear.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act and it is so decided as per Disposition (Provided, That pursuant to Article 25(1) of the Rules on Criminal Procedure, the part of the "Article 35 of the Criminal Act aggravated by repeated crime of 1. Aggravation" shall be deleted from among the column for the application of the law of the judgment below pursuant to