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

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

2. The judgment of the court below committed the crime of this case again without being aware of the past record of punishment, such as imprisonment with prison labor, for the same crime as indicated in the decision of the court below, and driving of alcohol is a crime that may cause serious harm to an unspecified person, and its social risk is considerably high. At the time of the crime of this case, the Defendant’s blood alcohol concentration at the time of the crime of this case is 0.148% and the degree of his blood alcohol level is not minor is disadvantageous to the Defendant.

However, the fact that the defendant recognized his mistake and reflects his depth, and the social ties seems to be clear is the circumstances favorable to the defendant.

In addition, considering the Defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, and the circumstances after the crime, etc., the Defendant and the prosecutor’s assertion are without merit, since the lower court’s punishment is too heavy or is not unreasonable because it is too heavy.

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