A. The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.

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

2. The instant crime is acknowledged that the Defendant driven a vehicle without obtaining a driver’s license while under the influence of alcohol content of 0.094% in blood. The Defendant had been punished several times, including imprisonment due to driving of alcohol and driving without a license in the past, and in particular, the Defendant committed the instant crime even though he/she was sentenced to a suspended sentence for ten months on November 3, 2017 due to a violation of the Road Traffic Act (driving Driving) on November 3, 2017 and was sentenced to a suspended sentence for ten months, and was under suspended sentence.

그러나 피고인이 자신의 잘못을 인정하고 반성하고 있는 점, 피고인은 이 사건 범행 전날 술을 마셨는데 다음날이 일요일임에도 불구하고 갑자기 출근을 하게 되면서 전날 마신 술이 어느 정도 깼다고

In full view of various circumstances, such as the defendant's age, sexual conduct, environment, motive and background of the crime, means and method of the crime, circumstances after the judgment of the court below, etc., as well as the conditions for sentencing as indicated in the arguments and records of this case, it is not recognized that the sentence of this case is too heavy or unreasonable, taking into account the circumstances favorable to the defendant, such as the fact that the defendant's appearance to support the defendant, etc. is considered as being favorable to the defendant, and the fact that the judgment of this case is final and conclusive, and there is no special circumstance or circumstance that may newly be considered in sentencing after the sentence of the court below.

3. The appeal filed by the Defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.