Defendant

The punishment of the court below (six months of imprisonment) is too unreasonable.

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

Judgment

The fact that the defendant's mistake is recognized, that the victim of the damage to property wants the defendant's wife, that the distance of drinking driving is short of 50 meters, and that the degree of damage is minor is favorable.

On the other hand, the fact that the defendant has been punished more than 10 times due to the same drinkingless driving license including punishment and violence, that is, the crime during the repeated crime period, and that the blood alcohol concentration is relatively high than 0.150%.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, circumstances after the instant crime, Defendant’s age, character and conduct, and environment, etc., it is not recognized that the lower court’s punishment is too heavy or unreasonable, and thus, the Defendant and the prosecutor’s assertion are without merit.

In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.