Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (the imprisonment of eight months, the suspension of the execution of two years, the community service order of one hundred and sixty hours) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. In that the Defendant already was sentenced four times or a fine due to drinking driving, but again committed the instant crime in the state of drinking 0.202% alcohol concentration in blood, the crime’s nature is very bad, etc. that is disadvantageous to the Defendant.

However, the circumstances favorable to the defendant are that the defendant recognizes the crime of this case and reflects the fact that there is no record of punishment exceeding the fine, etc.

In addition to the above circumstances, in full view of the various circumstances, including the Defendant’s age, sex, environment, and circumstances after the crime, etc., the sentence imposed by the court below is too heavy, or it does not seem unfair because it is too unfasible.

Defendant

All of the prosecutor's arguments are not accepted.

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