All appeals filed by the defendant and prosecutor are dismissed.

1. The appellant who filed an appeal against a defendant shall submit a statement of grounds for appeal to the appellate court within 20 days from the date on which he/she received the notification of the receipt of the trial records (Article 361-3(1) of the Criminal Procedure Act). The appellate court shall conduct the appeal, either recorded in the petition of appeal or contained in the statement of grounds for appeal submitted within the above period, on condition that it is not included in the

(2) Article 364(1) and (2) of the Criminal Procedure Act. However, according to the records, the Defendant filed an appeal without stating the grounds for appeal against the lower judgment. On February 8, 2013, the Defendant did not submit the written notification of the receipt of the trial records within 20 days from the deadline for submitting the written statement of the grounds for appeal, while the Defendant lawfully served the written notification of the receipt of the trial records from the lower court, and no grounds for ex officio examination are found

Therefore, the appeal by the defendant shall be dismissed by the ruling in accordance with Article 361-4(1) of the Criminal Procedure Act. However, as long as the prosecutor appeals the case and makes a judgment as follows, it shall be dismissed by the judgment.

2. Judgment on the prosecutor's appeal

A. The summary of the grounds for appeal (limited to imprisonment for eight months, two years of suspended sentence, 80 hours of community service order, and 40 hours of attending order) that the court below sentenced is too unfasible and unreasonable.

B. In light of the fact that the Defendant had already been subject to criminal punishment several times due to drunk driving, and the Defendant’s blood alcohol concentration at the time of the instant case is considerably high, it cannot be deemed that the Defendant’s liability is light.

However, the driving distance of drinking and unlicensed driving in the instant case is relatively short, and the Defendant’s age, character and behavior, environment, motive for committing a crime, means and method of committing a crime, and the circumstances after committing a crime.