Defendant

All appeals by prosecutors are dismissed.

1. The summary of the grounds for appeal is that the court below’s punishment (six months of imprisonment) is too unreasonable when considering various circumstances. On the other hand, the prosecutor is deemed improper because it is too uneasible in light of the content and nature of the instant crime, and the criminal records of the Defendant’s same kind of crime.

2. The judgment of the defendant recognized the crime of this case and reflects the depth thereof, and if the defendant is detained for a long time, it may interfere with the business of the beana plant operated by the defendant.

However, drinking driving is a highly dangerous crime that may cause a traffic accident, and it is necessary for the defendant to strictly diversify it, and even if there are records of punishment for the same crime (two times of actual punishment, one time of suspension of execution, and four times of fine) and other unfavorable circumstances such as the defendant's age, character and behavior, family environment, and all of the sentencing factors prescribed in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, and family environment, are considered as a whole. Thus, the defendant's assertion of the defendant and the prosecutor is without merit.

3. In conclusion, since all appeals filed by the defendant and the prosecutor are without merit, they are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.