All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The punishment of the Defendant (a fine of eight million won) imposed by the lower court is too unreasonable.

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

2. We also examine the judgment and prosecutor’s allegation of unreasonable sentencing.

It is recognized that the Defendant had a record of punishment twice including punishment due to the same drinking driving, and that the Defendant committed the instant crime during the period of repeated crime due to the violation of the Narcotics Control Act, etc., and that the Defendant’s blood alcohol concentration at the time of the instant case is relatively high to 0.108%.

However, it is also recognized that the Defendant recognized the instant crime and reflected, the distance of drinking driving is about 500 meters, scrapped vehicles, and recidivism is conducted, and the health conditions are not good due to urology, and human and physical damage has not occurred due to the instant drunk driving.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, the sentence imposed by the lower court is too heavy or unreasonable.

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