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

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

2. The grounds for appeal by the Defendant and the Prosecutor are also examined.

In full view of all the circumstances such as the fact that the defendant recognized the crime, the fact that there is no history of sentence imposed on the defendant, the fact that there was no additional damage, such as causing traffic accidents due to the crime of this case, there was a family member to support the defendant, and the fact that the present state of health is not good due to urology, etc., the crime of this case is driving a vehicle under the influence of alcohol 0.209% due to the crime of violating the Road Traffic Act (driving). However, the crime of this case is a vehicle under the influence of alcohol 0.209% due to the crime of violating the Road Traffic Act. The defendant can have the history of punishment for the same crime (three times or more of suspended sentence), the defendant's age, sex, environment, motive and circumstance of the crime, and the circumstances before and after the crime, etc., the court below's punishment is too heavy or unjustifiable. Thus, the defendant and the prosecutor's argument for the punishment of the crime of this case are without merit.

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