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

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

2. A favorable circumstance is that the defendant made a confession of the instant crime and reflects his own mistake in depth.

On the other hand, the fact that the defendant committed the crime of this case without being aware of it during the period of repeated crime due to the crime of violating the Road Traffic Act (drinking), and that the defendant can have the power to be punished as the crime of violating the Road Traffic Act (drinking).

In addition, since there are no special circumstances or changes in circumstances that can be newly considered in sentencing after the sentence of the lower judgment, the following facts are comprehensively considered in light of the records and various sentencing conditions indicated in the instant case, including the background of the instant crime, the circumstances after the instant crime, the Defendant’s environment, etc., the lower court’s punishment is too heavy or unfluent, and thus, the Defendant and the Prosecutor’s assertion is without merit

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