All appeals filed by the defendant and prosecutor are dismissed.

1. The defendant asserts that the sentencing of the court below (eight months of imprisonment) is too unfasible, and the prosecutor is too unfasible and unfair.

2. On March 16, 2017, the Defendant was punished by a fine on two occasions for the same kind of crime, such as drunk driving, etc., and was sentenced to a suspended sentence of six months on March 16, 2017, and was under the suspension of the execution, the Defendant was under the influence of alcohol driving and without a license.

On the other hand, the Defendant seriously reflects his mistake, and the blood alcohol concentration of this case does not exceed 0.1%.

In addition, comprehensively taking account 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 lower judgment, the sentencing of the lower court is not unfair.

3. The appeal filed by the defendant and the prosecutor is without merit, and all of the appeals are dismissed under Article 364(4) of the Criminal Procedure Act.