A. The sentence of the lower court (an amount of KRW 10 million) is too unreasonable.

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

2. Although there are many kinds of records of criminal punishment, including the records of punishment for both of the defendants with sentence and the records of criminal punishment for the same kind of crime, the fact that the defendant again committed the instant crime during the suspension of execution, and that the alcohol content in blood is considerably high to 0.209%, which are disadvantageous to the defendant.

However, in light of all the sentencing conditions, such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc., the sentence of the court below is too weak or unreasonable after the crime is committed, in light of the following: (a) there is no record of punishment for driving under drinking after 2009; (b) there is no history of punishment for driving under drinking; (c) the spouse is divorced from his spouse; and (d) the minor is raising the minor by neglecting the minor.

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