All appeals filed by the defendant and prosecutor are dismissed.

1. The summary of the grounds for appeal is that the punishment (one year of imprisonment, two years of suspended execution, and one hundred and sixty hours of social service) imposed by the court below is too unreasonable, and the prosecutor appealed respectively on the grounds that the prosecutor is too unhued and unreasonable.

2. The judgment of the defendant is against the mistake while committing the crime, the recent criminal records of the same kind have been sentenced to a fine, and the previous records have not been recorded until around six years thereafter, and the distance between drinking and driving without a license is short and does not cause an accident, and the fact that the economic form of the defendant is not good is favorable to the defendant.

However, even though the defendant committed the instant crime even though he had a majority of the same criminal records (including two times of suspended sentence, and one time of suspended sentence), it is recognized that the Defendant committed the instant crime, which is disadvantageous to the defendant, such as the Defendant’s age, environment, character and conduct, motives of the instant crime, and circumstances before and after the commission of the crime. In full view of all other circumstances, the lower court’s punishment 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, since all of the appeal filed by the Defendant and the prosecutor are without merit.