All appeals filed by the defendant and prosecutor are dismissed.

1. As to the gist of the reasons for appeal (eight months of imprisonment), the defendant asserts that the defendant is too uncomparably and unreasonable, and the prosecutor asserts that it is too uncompared and unreasonable.

2. The judgment of unfair sentencing refers to the case where the sentence of the judgment of the court below is too heavy or too minor in light of the content of the specific case.

Based on the statutory penalty, the sentencing is a discretionary judgment that takes place within a reasonable and appropriate scope by comprehensively taking into account the conditions of the sentencing prescribed in Article 51 of the Criminal Act based on the statutory penalty, and there is a unique area of the first instance court in our Criminal Procedure Act, which takes the trial-oriented principle and the direct principle.

In addition to these circumstances and the ex post facto nature of the appellate court, if there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(2) In light of the records and arguments of the instant case including Defendant’s age, character and conduct, family relation, motive and circumstance of the crime, and circumstance after the crime, etc., the lower court cannot be deemed to have exceeded the reasonable scope of discretion on the grounds that the lower court’s sentencing was too heavy or unfilled, and thus, exceeded the reasonable scope of discretion, by taking account of all the sentencing factors indicated in the instant case’s records and arguments, based on the following grounds: (a) the Defendant again committed a crime despite the history of punishment several times of drinking driving; (b) the background leading up to regulating drinking driving; and (c) the degree of blood alcohol concentration; and (d) there was no special circumstance or change in circumstances that may be newly considered in sentencing in the trial.

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.