A. The sentence imposed by the lower court on the Defendant (one year and two months) is too unreasonable.

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

2. Determination is based on the circumstances favorable to the defendant, such as the fact that the defendant shows an attitude to recognize and reflect his/her mistake, and that some of the circumstances can be considered in the living environment of the defendant.

On the other hand, however, the defendant went to commit the crime of this case even though he was punished several times for the same crime, and there seems to be no opening, and there is a high possibility of criticism. At the time, the defendant's blood alcohol concentration is very high and driving distance is longer high, and the risk of drinking driving is realized, etc. are disadvantageous to the defendant.

In addition, considering the Defendant’s age, sex, environment, and circumstances after the crime, etc., the sentence imposed by the lower court is too heavy or uneasible.

Therefore, the defendant and the prosecutor's assertion are without merit.

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