All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (ten months of imprisonment) is too unreasonable.

B. The court below's decision that did not sentence forfeiture of the freight vehicle driven by the defendant in this case is erroneous in the misapprehension of legal principle.

(The Prosecutor stated in the Reasons for Appeal that the prosecutor's grounds for appeal are "fact-finding person," but the Prosecutor's grounds for appeal are examined as the grounds for appeal, it appears that the court below erred in the misapprehension of the basic facts regarding discretionary rules that the court should comply with in the case of voluntary confiscation, and eventually, the Prosecutor's ground for appeal 2.

A. Although there are circumstances such as the short distance of the Defendant’s driving at the time of the instant crime, the Defendant was punished for drinking or non-licensed driving even before the instant case, and the Defendant was released from a sentence due to drinking driving and was under repeated control even during the period of the instant crime, and the Defendant’s blood alcohol level at the time of the instant crime cannot be deemed to be less than that of the instant case when considering that the Defendant’s blood alcohol level at the time of the instant crime was higher than 0.180%, the instant case cannot be deemed to be light. In full view of all the circumstances, including the Defendant’s age, character and behavior, environment, circumstance and contents leading to the instant crime, and circumstances after the instant crime, etc., the lower court’s sentence cannot be deemed to be unreasonable. Thus, the Defendant’s above assertion is without merit.

B. According to the evidence duly admitted and examined by the court below as to the prosecutor's assertion of confiscation, there are several occasions the defendant had been punished by drinking a motor vehicle using C-witter freight in the past (hereinafter "the instant cargo vehicle"), and even after the completion of the criminal trial, the cargo vehicle in the instant case is scrapped and the drunk is not driven.