All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

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

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The fact that the Defendant recognized the instant crime and against the mistake, the fact that the Defendant supports two children on the part of the Defendant, and that both children want to support, are favorable to the Defendant.

On the other hand, the crime of this case is a situation unfavorable to the defendant, such as the fact that the defendant, who has been punished twice or more due to drinking driving, drives a vehicle in the state of drinking over two times, and the quality of the crime is not less than that of the defendant, the defendant has already been subject to criminal punishment several times for the same crime, and the defendant has already been aware of the fact that he/she drives a vehicle in the same kind of crime, in particular, without being aware of the fact that he/she is found to have been aware of it, and that the alcohol concentration in the blood at the time of detection is higher than 0.196%

In full view of the above circumstances and other factors of sentencing as well as the background of the instant crime, the Defendant’s age, sexual conduct, environment, etc., the sentencing of the lower court exceeded the reasonable scope of discretion for sentencing, as it is too heavy or fluent.

It does not seem that it does not appear.

Therefore, the defendant and the prosecutor's argument are without merit.

3. In conclusion, each appeal filed by the defendant and the prosecutor is without merit. Thus, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.