All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. In our Criminal Procedure Act, which takes the principle of court-oriented trials and the principle of direct determination, there are unique areas of the first instance court concerning sentencing, and in addition, considering the ex post facto and in-depth nature of the appellate court, it is reasonable to respect the first instance court’s sentencing in cases where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of the discretion. Although the first instance court’s sentencing falls within the reasonable scope of the discretion, it is desirable to reverse the first instance court’s judgment just because it is somewhat different from the appellate court’

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). According to the aforementioned legal doctrine, there is no change in the special sentencing conditions compared to the original judgment, and there is no change in the criminal act during the period of repeated crime; the blood alcohol level at the time of committing the crime without a license for driving alcohol and without a license was significantly higher than 0.306%; the total amount of punishment was six times due to driving under the influence of alcohol; there was an agreement with the victims of special injury and special property damage; the thief was fully returned; and all of the sentencing conditions indicated in the records and arguments of the instant case, including Defendant’s age, environment, character and behavior, motive, means and consequence of the crime; and the circumstances before and after the crime, etc., it is not recognized that the sentencing of the lower court exceeded the reasonable scope of discretion by being too weak or too unreasonable.

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

However, pursuant to Article 25(1) of the Rules on Criminal Procedure, the judgment of the court below is ex officio, and “each sentence of imprisonment” in the application of statutes.