All appeals filed by prosecutors and defendants are dismissed.

Summary of Grounds for Appeal

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

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

Judgment

It is a favorable factor for sentencing, such as the fact that the defendant is fully aware of the crime, the fact that the defendant is economically difficult, the health condition is not good, and the defendant should support the denial of intellectual disability.

On the other hand, on April 12, 2012, the defendant had been sentenced to five years of suspended sentence to imprisonment for murder by the Gwangju High Court for three years on April 12, 2012, and the judgment became final and conclusive on April 20, 2012, the defendant repeated drinking while driving under the suspended sentence. The defendant again driven under the influence of a fine even though he had the record of having already been sentenced to a fine for driving under the suspended sentence, and again driven under the same time while driving under the suspended sentence. The crime of this case is very poor in the nature of the crime of this case, and the defendant's law and order are very serious, and the risk of recidivism is very high. The defendant's blood alcohol concentration is very high to 0.160% and 0.240%, and the defendant's blood alcohol concentration in this case's crime of this case is an unfavorable factor for sentencing, and there are no other grounds for the prosecutor and the defendant's assertion that the defendant's punishment is too unreasonable or unreasonable.

Therefore, the appeal by the prosecutor and the defendant is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.