A. The sentence of the lower court (the penalty of KRW 8 million) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Circumstances unfavorable to the defendant are as follows.

The Defendant committed the instant crime, even though he had been sentenced to two times of imprisonment, two times of suspended execution, and two times of fine due to the same crime from 2002 to 2009, again committed the instant crime.

The defendant's alcohol concentration in the blood of this case is not lower than 0.142%.

Circumstances favorable to the defendant shall be as follows:

The Defendant recognized the instant crime and runs against the Defendant.

Finally, the defendant's punishment for drinking driving is 2009 and 8 years prior to this case.

In addition to the above circumstances, taking into account the character, conduct, career, environment, the background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and the previous theories, such as the circumstances after the crime, the lower court’s punishment cannot be deemed to be too light or too unreasonable.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.