Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

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

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

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The fact that the Defendant had been punished several times for the same kind of crime, in particular, the fact that the Defendant is running a drunk driving in the period of the suspension of imprisonment for the same kind of crime, is disadvantageous to the Defendant.

However, it is favorable for the defendant to recognize and reflect his mistake, such as selling driving vehicles.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, motive for committing a crime, blood alcohol concentration, operational distance, and circumstances after committing a crime, the lower court’s sentencing appears to have been conducted within the reasonable scope of discretion by taking into account all the sentencing conditions specified in the proceedings of the instant case, and there is no special change in circumstances to change the sentencing of the lower court. Therefore, it cannot be deemed that the lower court’s punishment is too heavy or unreasonable.

Therefore, the above argument by the defendant and the prosecutor is without merit.

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