A. The sentence of the court below (two years of suspended execution in six months of imprisonment, probation, and 40 hours of education) is too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. The instant crime is considered to have driven a vehicle while under the influence of alcohol 0.157%, in light of the background, method, and content of the crime, etc., the crime is not good, and the Defendant has a record of criminal punishment several times due to drunk driving, etc., and is disadvantageous to the Defendant.

The circumstances favorable to the defendant are that there is no history of criminal punishment after 2009, and there is no record of criminal punishment exceeding the fine.

In full view of all the circumstances that are conditions for sentencing, such as the Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime, etc., the sentence of the lower court is deemed to be appropriate, too heavy, or is deemed to be unreasonable because it is too unreasonable. Therefore, the Defendant and the prosecutor’s argument are without merit.

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