All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment of the Defendant committed again the instant drinking driving crime even though the Defendant had been prior to a three-time fine for driving alcohol, and the drinking driving is a crime that may cause serious harm to unspecified persons, and is highly dangerous in society, and the Defendant’s blood alcohol concentration at 0.107% at the time of the instant crime was committed, and the degree of his/her driving was not insignificant is disadvantageous to the Defendant.

However, the fact that the defendant recognized his mistake and reflects his depth, that he did not cause a traffic accident separately, that he did not have any criminal history exceeding the fine, and that there is a clear social relationship with the defendant, are favorable to the defendant.

In addition, considering the Defendant’s age, sex, environment, motive and circumstance of the crime, and the circumstances after the crime, etc., the lower court’s punishment is too heavy or is not unreasonable because it is too heavy. Therefore, the Defendant and the prosecutor’s assertion are without merit.

3. As such, 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.