All appeals by the defendant and the prosecutor are dismissed.

1. On the summary of the grounds for appeal by the defendant and the prosecutor, the defendant asserts that the defendant's punishment (six months of imprisonment with prison labor) declared by the court below is too unreasonable, and the prosecutor asserts that it is too unfeasible and unfair.

2. The circumstances in which the Defendant recognized the instant crime and is responsible for the maintenance of his/her family's livelihood, such as the spouse who is in contact with the Defendant.

However, the defendant has a history of being punished twice due to drinking driving, and even during the suspension period due to drinking driving, the defendant has not been during the suspension period, and again, in the state of license, he has been under the influence of drinking again. At the time, the defendant's blood alcohol concentration is very high.

In addition, driving under the influence of alcohol is a crime which may cause a serious danger to the life and body of others as well as himself, and the revised road traffic law has strengthened criminal punishment by raising the statutory penalty on it, it is inevitable to punish the defendant with severe penalty corresponding to his responsibility.

In addition, comprehensively taking account of all the sentencing conditions shown in the pleadings of the instant case, including the background of the instant crime, driving distance, Defendant’s age, family relation, sexual conduct, environment, etc., the sentence imposed by the lower court is within the scope of the sentencing discretion granted to the lower court, and it cannot be deemed unfair because the sentence is too heavy or too unreasonable.

Therefore, the argument that the sentencing of the defendant and the prosecutor is unfair is without merit.

3. According to the conclusion, all appeals filed by the defendant and the prosecutor are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.