A. The sentence of the lower court (ten months of imprisonment) is too unreasonable.

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

2. Considering the fact that the defendant committed the instant crime again during the period of suspension of execution due to the same criminal record even though he/she had several criminal records for the same kind of crime, and that the defendant's blood alcohol concentration was 0.201%, strict punishment against the defendant is necessary.

However, the defendant does not drive a drinking again due to the fact that he or she repents his or her mistake and disposes of the vehicle.

In full view of the fact that the defendant's character and behavior and environment, the motive, means and consequence of the crime, and other various sentencing conditions as shown in the argument of this case, such as the circumstances after the crime, the sentence imposed by the court below is judged to be appropriate, and it cannot be deemed unfair because it is too heavy or too heavy. Thus, the above argument by the defendant and the prosecutor is without merit.

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