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

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

2. The defendant was punished twice by a fine due to drinking driving, etc., and two times a suspended sentence of imprisonment (the imprisonment of October, 208, and one year a year a prison term of 201).

Nevertheless, given that the Defendant committed the instant drinking crime under the influence of alcohol concentration of 0.272% during the blood transfusion, it is inevitable to make a strict sentence against the Defendant.

On the other hand, there are extenuating circumstances such as the fact that the defendant led to the confession of facts constituting a crime and is against the law, and that there is no other damages such as traffic accidents.

The lower court, including the aforementioned circumstances, determined the punishment by fully taking into account the overall circumstances of the Defendant and determined within a reasonable scope.

Since the court below's punishment is too heavy or it is not recognized as unfair because it is too heavy.

3. If so, the appeal by the defendant and the prosecutor is without merit. Thus, the appeal 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.