All appeals by the defendant and the prosecutor are dismissed.

Summary of Reasons for appeal (unfair sentencing)

A. The sentence imposed by the prosecutor (one year and two months of imprisonment) is too unhued and unfair.

B. The sentence imposed by the lower court is too unreasonable.

2. The Defendant, while driving under drinking, was sentenced to a fine in 2017 and 2019, and was sentenced to a suspended sentence in 2020, again carried out drinking or non-licensed driving during the suspended sentence period.

The alcohol concentration in blood is very high to 0.176%, and the driving distance is also reasonable.

On the other hand, the Defendant would not drive drinking again against his mistake and again.

The vehicle under the name of the defendant was disposed of. However, the vehicle operated by the defendant at the time of the crime of this case was the vehicle owned by the company.

The driver did not cause a traffic accident due to drinking or non-licensed driving.

In full view of the Defendant’s age, environment, occupation, circumstances leading to the Defendant’s crime, and the circumstances after the commission of the crime, and all other sentencing conditions as shown in the instant records and arguments and the trial process, the sentence imposed by the lower court is deemed appropriate, and is too heavy or too unreasonable.

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