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

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

2. We examine the grounds for appeal by the defendant and the prosecutor.

The circumstances favorable to the defendant include: (a) the fact that the defendant recognizes the crime of this case and is against the defendant; and (b) the fact that there is a mother who must support the defendant.

On the other hand, the Defendant committed the instant crime without being aware of the past history of being punished four times (including one-time type, one-time suspension of execution) due to drinking driving, and the blood alcohol concentration level at the time is very high to 0.221%, and such drinking driving needs to be strictly punished because it may cause serious danger to his or other person's body and property. In fact, the occurrence of a traffic accident involving a vehicle parked due to a dry driving and the occurrence of such danger is disadvantageous to the Defendant.

In full view of the above circumstances and conditions favorable to the Defendant, such as the Defendant’s age, character and conduct, environment, background leading to the instant crime, and circumstances before and after the instant crime, etc., the lower court’s punishment is too heavy or unreasonable, and thus, it does not seem that the Defendant and the prosecutor’s allegation of unfair sentencing is unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal filed by the defendant and the prosecutor are without merit. It is