All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (the penalty of eight million won) is too unreasonable.

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

2. The fact that the Defendant had been punished twice due to drinking, that the Defendant’s blood alcohol concentration is higher than 0.177%, and that the distance that the Defendant driven was relatively longer than 15km, and there are unfavorable circumstances such as the occurrence of physical damage by causing a traffic accident at the time of the instant case.

On the other hand, there are favorable circumstances for the defendant, such as the fact that the defendant recognizes and reflects the crime, the fact that there is no criminal conviction or heavier than the suspension of execution due to drinking driving, and the fact that the defendant scrapped the vehicle that he driven

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 the circumstances before and after the commission of the crime, the lower court’s punishment determined within the scope of a fine of not less than KRW 5 million, but not more than KRW 10 million, which is the statutory penalty of the instant case, 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.