All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal: Imprisonment with labor and two months;

2. Determination is the circumstances favorable to the defendant, such as the defendant's confession of the crime of this case, the defendant's economic condition and health status are not good, and the defendant's disposal of the motor vehicle is favorable to the defendant.

On the other hand, the fact that the blood alcohol concentration of the defendant was very high, and the fact that the same criminal record was repeated while the same criminal record was accumulated is disadvantageous to the defendant.

In addition, comprehensively taking account of the conditions of sentencing under Article 51 of the Criminal Act, the court below's determination of punishment is acceptable and it is not unreasonable that both parties assert it.

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 on the grounds that all of the appeal filed by the defendant and the prosecutor are without merit.