All appeals by the defendant and the prosecutor are dismissed.

1. The summary of the grounds for appeal (unfair sentencing for each sentencing) of the lower court’s punishment (one month of imprisonment with prison labor) is too heavy or too unfasible (the Defendant).

2. We examine both the judgment and the prosecutor’s respective unfair claims for sentencing.

In a case where there is no change in the conditions of sentencing compared to 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 Decision 2015Do3260, Jul. 23, 2015). The fact that the Defendant is against the recognition of the instant crime, and the social relation of the Defendant appears relatively clear, are favorable circumstances.

However, the crime of this case is that the defendant drives a vehicle under the influence of alcohol or without a license, and the blood alcohol concentration is very high to 0.228%, and the odometer is not shorter than about 2 km, and the defendant has a record of criminal punishment on 4 occasions due to the same crime of drinking or driving without a license prior to the instant case (in addition, the crime of this case during the period of probation has committed the same kind of crime and the suspension of execution has lost its effect).

The court below determined punishment in consideration of all the above circumstances, and there is no change in the sentencing conditions different from those of the court below in the first instance after the sentence of the court below.

In addition, comprehensively taking into account the Defendant’s age, sex, environment, motive and background of the offense, means and consequence of the offense, and all the sentencing conditions indicated in the instant records and arguments, such as the circumstances after the commission of the offense, the lower court’s sentencing is deemed reasonable, and the lower court’s sentencing cannot be deemed to be excessive, excessive, or uneasible, beyond the reasonable scope of discretion.

All of the arguments that the sentencing of the defendant and the prosecutor are unfair are dismissed.

3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.