A. The sentence imposed by the lower court on the Defendant (the penalty of KRW 10 million) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. However, there are extenuating circumstances such as the fact that the Defendant recognized the crime and reflects, and that the act of this case was not found to be parked by a substitute driver, and that the Defendant was driven to send a substitute driver and directly park, and the motive and circumstance of the driving, and that the distance of the Defendant’s driving is shorter than 120 meters, etc.

On the other hand, the Defendant had the record of being sentenced to a fine once due to drinking driving, a fine for one time due to a non-licensed driving, a fine for three times due to a non-licensed driving, and the Defendant was sentenced to imprisonment for ten months as a crime of narcotics and released on February 10, 2016, and was released on February 10, 2016. The Defendant was driving the instant drinking during the period of repeated crime; the Defendant’s blood alcohol concentration at the time of the instant case was considerably higher than 0.156%; and the Defendant had a large number of past offenses against the Defendant.

In full view of such circumstances and other circumstances as the Defendant’s age, environment, sexual conduct, circumstances before and after the commission of the crime, and various conditions of sentencing as shown in the instant records and pleadings, it is not recognized that the sentence imposed by the lower court is too heavy or unreasonable.

3. As such, the appeal filed by the defendant and the prosecutor is without merit. Thus, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.