All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

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

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

2. At the time of the instant case, the Defendant’s blood alcohol concentration at the time of the instant case was relatively high by 0.134%, and the Defendant was disadvantageous to the Defendant, such as the fact that the Defendant suffered from a traffic accident at the time of the instant case, resulting in the injury requiring two weeks’ medical care, and that the nature of the crime was not negligible, and that the Defendant had been subject to punishment once due to drinking driving.

On the other hand, there are circumstances favorable to the defendant, such as the fact that the defendant recognizes each of the crimes of this case and reflects against the victim, that the victim's injury was not severe, and that there was an agreement with the victim, that the previous criminal records was paid a fine of KRW 1.5 million in around 2007, and that there was no other criminal records against the defendant, and that the defendant supported his wife and 7 years old children.

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 is too heavy or unreasonable.

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