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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. The defendant asserts that the sentencing of the court below (a sum of KRW 15 million) is too unfasible and the prosecutor is too unfasible and unfair, respectively.
2. At the time of the Defendant’s driving of the instant drinking, the blood alcohol level is higher than 0.1%, and the Defendant, while driving alcohol, threatened the victim and damaged the vehicle.
On the other hand, the Defendant was punished by a fine of one million won due to driving under drinking in 2003 and did not have any criminal record.
The Defendant agreed with the victim.
In full view of the various circumstances, including the above circumstances, including the Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, and there are no special circumstances or changes in circumstances that make it possible to change the sentencing of the lower court after the judgment, the sentencing of the lower court is not unfair.
3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of the appeals are dismissed under Article 364(4) of the Criminal Procedure Act.