A. The sentence imposed by the lower court on the Defendant (eight months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. We also examine the judgment and prosecutor’s allegation of unreasonable sentencing.

In particular, it is recognized that the defendant already had a history of criminal punishment on a total of six occasions including suspended sentence due to the crime of driving without a license for the same kind of alcohol, and that the defendant's blood alcohol concentration at the time of the instant case is 0.19% higher than that of the defendant at the time of the instant case.

However, it is also recognized that the defendant's mistake and reflects all his mistake, there is no criminal conviction, the distance of driving without a license for drinking of this case is about 20 meters, and the family and branch members of the defendant want the defendant's preference.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, the sentence imposed by the lower court is too heavy or 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. It is so decided as per Disposition.