A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. The circumstances can be taken into account such as the fact that the Defendant recognized the instant crime and reflects it, that the health of the Defendant is considerably good, and that there is a mother of the aged who must support.

However, the crime of this case is committed again by using Oralba, which was the previous disposition during the suspension period of the execution of imprisonment for the same kind of crime, and is more severe.

Blood alcohol concentration has been significantly high.

The above sentencing grounds are all considered in the process of determining the sentence, and it is difficult to evaluate that there is a change in sentencing conditions compared to the original judgment.

In addition, comprehensively taking account of the factors revealed in the proceedings of the instant case, such as the Defendant’s age, character and conduct, environment, background of the crime, and circumstances after the crime, the sentencing of the lower court is too heavy or unreasonable.

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

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