All appeals filed by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The sentence of the lower court (unfair sentencing) by the Defendant (an imprisonment of eight months and two years of suspended sentence) is too unreasonable.

B. The court below’s sentencing (unfair sentencing) is too unfortunate and unfair.

2. The instant crime was committed under the influence of alcohol 0.159% at around 10:30, the Defendant driven a vehicle while under the influence of alcohol 0.159% in blood, and the victim C drivered a vehicle and caused the victim to suffer an injury requiring approximately three weeks medical treatment. In light of the background of the crime, the degree of alcohol level during blood, etc., the relevant criminal liability is not easy; driving of alcohol is a dangerous crime that may harm not only his/her own life but also another person’s life; and the Defendant was punished for the same kind of crime.

However, there are extenuating circumstances, such as the fact that the defendant repents and reflects his mistake in depth, the fact that the driver's vehicle was covered by a comprehensive insurance, the injury suffered by the victim of the traffic accident seems not to be severe, and the victim does not want to be punished against the defendant in the trial, there is no record of criminal punishment exceeding the fine, and there is no record of criminal punishment within 10 years, and there is no record of criminal punishment within the sentencing guidelines established by the Supreme Court Sentencing, the scope of punishment for the crime of this case within the scope of punishment according to the sentencing guidelines established by the Sentencing Commission, the traffic crime of this case, the traffic accident type 1 (accident of traffic accident), the special sentencing factor (in cases where the illegality in the proviso of Article 3 (2) of the School Special Act of the Republic of Korea is heavy), the area of recommendation, the scope of punishment (the basic area), the range of punishment for the victim of the traffic accident (from April to October), the lower court's sentencing range is less than six months (the minimum age of traffic law), the defendant's age and conditions, etc.

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