2. However, the Defendant committed the instant crime during the period of suspension of execution due to driving under drinking, etc. (one month after the date on which the judgment of suspension of execution became final and conclusive), and the alcohol content in blood is higher than 0.115%, and the Defendant has already been punished three times due to driving under drinking or non-licensed driving.

However, in full view of all kinds of sentencing conditions on the records, including the fact that the defendant recognized the facts charged and reflects on the defendant's age, sex, environment, occupation, and circumstances after the crime, the sentence imposed by the court below is judged to be appropriate, and it is not recognized that the sentence imposed by the defendant is too heavy or unreasonable.

3. As such, the appeal filed 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, and it is so decided as per Disposition (as it is obvious that the omission of “1. Selection of imprisonment: Selection of imprisonment” between the “ordinary concurrence” under the application of the law of the original judgment and the “reduction of volume” is a clerical error, it is corrected ex officio to add it).