All appeals filed by prosecutors and defendants are dismissed.

1. The gist of the grounds for appeal (1) The Prosecutor’s sentence (8 months of imprisonment) is too unhued and unreasonable.

(2) The lower court’s punishment is too unreasonable.

2. The following determination is an unfavorable circumstance to the Defendant.

The Defendant had been punished for a fine four times due to driving under drinking prior to the instant case.

However, while driving a motor vehicle with no license under the influence of alcohol and without license, the crime of this case was committed in which the two victims were injured by causing a traffic accident, which, while driving a motor vehicle with no license under the influence of alcohol without any reflector, makes it impossible to drive the motor vehicle normally due to a sudden shock of three vehicles due to the central line, resulting in an injury to the two victims.

At the time of the instant case, the alcohol level of the Defendant’s blood was 0.191% higher.

In light of such defendant's drinking and non-licensed driving habits, the risk of recidivism is high.

Since there is a need to punish the defendant strictly.

On the other hand, the following conditions are favorable.

The injury suffered by the victims due to the instant traffic accident is relatively minor.

The victims do not want punishment for the defendant by mutual consent between both the victims and the victims.

Since the crime of violation of the Road Traffic Act (drinking driving) and the latter part of Article 37 of the Criminal Act are concurrent crimes, the equity should be taken into account when the judgment was rendered simultaneously.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the various sentencing conditions indicated in the instant records and arguments, the lower court’s punishment is not deemed to be too minor or unreasonable, and thus, the prosecutor and the Defendant’s assertion are without merit.

3. If so, the appeal by the prosecutor and the defendant is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.