2. The Defendant’s blood alcohol content at the time of driving the instant drinking, which was considerably high in 0.09%, was punished by a fine of KRW 1 million in 2008, a fine of KRW 1.5 million in 2014, and a fine of KRW 1.5 million in 2014, but again committed the instant crime is disadvantageous to the Defendant.

On the other hand, the fact that the defendant led to the confession of the crime and reflects on the fact of the crime of this case, the fact that the defendant disposed of the vehicle after the crime of this case and did not repeat the crime, the distance of drinking driving is relatively short of 50 meters, not that caused traffic accidents, and the fact that the defendant was punished by imprisonment without prison labor or a heavier punishment, if the defendant becomes final and conclusive after the sentence of imprisonment without prison labor or a heavier punishment, the defendant is dismissed from office per year from the company in which he was employed, and

In full view of such circumstances and other circumstances as the Defendant’s age, environment, sexual conduct, motive, and circumstance before and after the commission of the crime, etc., the sentence imposed by the lower court is too heavy or is deemed unreasonable as it is too low, and thus, the argument that the sentencing of the Defendant and the Prosecutor is unfair is rejected.

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