The defendant and prosecutor's appeal are dismissed.

1. The defendant asserts that the main points of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court are too uneasible, and that the prosecutor is too uneased and unreasonable.

2. The following are the circumstances favorable to the Defendant: (a) the Defendant recognized the instant crime and reflects the mistake; (b) the distance of drinking driving is relatively short of 300 meters; and (c) the Defendant would not repeat such mistake again.

On the other hand, the crime of this case is a case in which the defendant, who has been punished twice or more due to drinking driving, once or more, once again, has the nature of such crime, and the defendant has committed the crime of this case without being aware of the fact that he had already been subject to criminal punishment several times due to the same crime, even though he had the record of criminal punishment, and at the time of detection, the blood alcohol concentration of the defendant was relatively higher than 0.11% at the time of detection, and the drinking driving is a crime that may cause serious danger to the life and property of another person, and thus, it is disadvantageous to the defendant.

In full view of the above circumstances and other factors of the instant crime, the Defendant’s age, character and conduct, and environment, etc. as well as the various sentencing conditions shown in the instant records and arguments, it seems that the lower court’s punishment is too heavy or unreasonable. Therefore, the Defendant and the prosecutor’s assertion are without merit.

3. In conclusion, the appeal filed 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.