All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The sentence of imprisonment (one year of imprisonment) of the lower court is too unreasonable.

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

2. The fact that the Defendant recognized drinking driving of the instant case is an element of sentencing favorable to the Defendant.

On the other hand, the fact that blood alcohol concentration (0.227%) is very high at the time of the driving of the instant drinking, that the Defendant had four times a criminal record of drinking driving and refusal to measure drinking, and that the Defendant was driving the instant drinking during the period of repeated offense due to the instant crime, etc. is an unfavorable sentencing factor against 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, when comprehensively taking into account the Defendant’s age, character and conduct, criminal records, motive and circumstances leading to the drinking driving of this case, and the circumstances after the drinking driving, 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.