All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The sentence of the lower court (four months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unfortunate and unreasonable.

2. It is recognized that the circumstances such as the fact that the defendant's economic condition is not good, that the father's health is not good, that the defendant repents and reflects the defendant's wrong.

However, considering the fact that there are many kinds of criminal records, such as being sentenced to a suspended sentence due to drinking driving, denying the fact of drinking driving at the time of the initial investigation by the investigative agency, and denying the driving by C, who is the person who is the subject of the initial investigation, etc., the circumstances after the crime were not good. Considering the equity of punishment with other drinking drivers, the background leading to the crime, the background leading to the crime, the defendant's age, character and behavior, and all other factors of sentencing indicated in the records of this case such as the Act on the Punishment, etc., considering the sentencing of the defendant, the sentence of the court below against the defendant is too heavy or unreasonable, and the defendant and the prosecutor's assertion on this issue are without merit.

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