Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. The Defendant (unfair sentencing)’s punishment (one hundred months of imprisonment) is too unreasonable.

B. The Prosecutor’s (unfair sentencing)’s sentence is too unhued and unreasonable.

2. Determination

A. The defendant used not only driving a vehicle under the influence of 0.215% alcohol concentration in blood but also paying entertainment expenses by stealing the credit card of workplace club fee. It is recognized that the crime is very poor, the crime is not agreed with the victim, the damage is not recovered, the defendant has the history of punishment for larceny 10 times, the history of punishment for larceny 2 times, and the history of punishment for drunk driving 2 times, and the crime was committed during the period of repeated crime due to the same kind of crime.

B. However, in full view of the following circumstances: (a) the Defendant led to the confession and reflect of the instant crime; (b) the driving of a vehicle while taking advantage of the vehicle did not cause any accident; (c) the amount of theft or defraudation was KRW 1.5 million; and (d) the Defendant’s age, details of the crime, and circumstances after the crime, etc., which are the conditions for sentencing specified in the instant pleadings, the lower court’s punishment is too weak or unreasonable.

(c)

Therefore, the above argument by the defendant and the prosecutor is without merit.

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