All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

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

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The instant crime committed was committed under the influence of alcohol by the Defendant without taking measures, such as aiding and abetting an injured person while driving a motor vehicle while under the influence of alcohol at a low level, and thereafter failed to comply with a police officer’s request for measurement of drinking without justifiable grounds, and the nature of the relevant crime is not good, and the degree of injury suffered by the victim is serious, and the Defendant has been sentenced to a suspended sentence of two years for imprisonment for the same crime even in the past 2009.

On the other hand, there are favorable circumstances, such as the fact that the defendant properly recognizes and reflects his mistake, that the victim did not punish the defendant by agreement with the victim, that the defendant's wife wanted the defendant's wife against the defendant, and that the defendant did not have any other criminal record as seen above.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too heavy or it is not deemed unfair as it is too heavy, and thus, the Defendant and the Prosecutor’s assertion are without merit.

3. In conclusion, the appeal filed 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.