All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The punishment of the court below (a year and two months of imprisonment) is too unreasonable.

B. The above sentence of the lower court is too unhued and unfair.

2. The judgment of the Defendant recognized the instant crime, and the fact that the blood alcohol concentration (0.063%) was relatively high at the time of driving under the influence of alcohol at the time of driving under the influence of alcohol at the same time is an element of sentencing favorable to the Defendant.

On the other hand, the defendant has a criminal record of the same kind in mosthh, among which, the defendant has a criminal record of three times, and the defendant committed the crime of this case during the period of repeated crime due to the above criminal record, is an element of sentencing unfavorable to the defendant.

In addition, the lower court did not change the sentencing conditions that may be newly considered in this court compared to the lower court, comprehensively taking into account the above factors of sentencing.

In addition, comprehensively taking into account the Defendant’s age, character and conduct, criminal records, motive and background leading to the instant crime, and circumstances after the instant crime, etc., the lower court’s punishment is only within the reasonable scope of discretion, and is not deemed to be too heavy or unreasonable.

3. 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.