All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. It is unfair that Defendant 2’s punishment (the imprisonment of six months, the suspension of execution of two years, the community service work 120 hours, and the lecture attendance order 40 hours) of the lower court is too unreasonable.

B. The Prosecutor’s sentence (the first instance court, the second instance court, the second instance court, the sentence of imprisonment with prison labor for six months, the suspension of execution for two years, community service, 120 hours, and the lecture attendance order for 40 hours) of the lower court is unreasonable.

2. Determination:

A. The crime of this case in the first instance judgment is an unfavorable circumstance, in view of the following: (a) the Defendant, who had been punished twice or more due to driving under drinking, again caused a traffic accident while driving under influence; (b) thereby causing the victims of a traffic accident; (c) the nature of the crime was bad; and (d) the alcohol concentration in blood is considerably high by 0.165%.

However, in full view of the fact that the Defendant’s mistake is against the victims, the victims do not want punishment against the Defendant, and other various circumstances shown in the records and arguments in the instant case, such as the Defendant’s age, sex, environment, and family relationship, the lower court’s punishment is too uneasible and unreasonable.

This part of the appeal by the prosecutor is without merit.

B. The crime of this case at the second instance court was committed by the Defendant at the time of revocation of the driver’s license due to the Defendant’s act of the lower court, and the Defendant once again drives a drinking, and the nature of the crime was very poor in light of the circumstances of the crime, contents, etc., and the first instance court’s first instance court’s failure to obtain a fine of KRW 9 million and conducted a non-exclusive and a non-exclusive driving once again for three months.

It seems that drinking driving can be seen, and the criminal who is highly likely to threaten the life and body of others as well as his/her own, and the defendant repeatedly drives drinking is a disadvantageous condition.

However, the favorable circumstances, such as the fact that the defendant reflects the mistake in depth, the fact that the defendant bears the child support for two children after divorce and supports the mother, and the age, sex, environment, etc. of the defendant.