All appeals by the defendant and the prosecutor are dismissed.

1. As to the summary of the reasons for appeal (unfair sentencing) by the lower court, the Defendant asserts that the Defendant is too unfasible, and that the prosecutor is too unfasible and unfair.

2. The crime of this case is a situation unfavorable to the defendant, in which the defendant, who has been punished twice or more due to drinking driving, once or more, once again drives alcohol or drive without a license, has been subject to criminal punishment three times for the same crime (one time of suspended execution and two times of fines). On April 5, 2016, the Jeonju District Court was sentenced to two years of suspended execution for the violation of the Road Traffic Act (one time of suspended execution) at the Jeonju District Court, and was sentenced to two years of suspended execution for the violation of the Road Traffic Act (two times of suspended execution) and did not know of the fact that the driving of this case is a crime that may cause serious harm to the life and property of others. Thus, it is necessary to strictly punish the defendant.

On the other hand, the fact that the defendant recognized the crime of this case and reflecteds the mistake, that the distance of drinking driving is relatively short of about 40 meters, that the family members and the branch members of the defendant want to dissipate the defendant's prior wife against the defendant, and that they have expressed their intention not to drive drinking again, such as selling vehicles after the crime of this case, etc., are favorable to the defendant.

In full view of the above circumstances and other factors of the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the various sentencing conditions indicated in the records and arguments, the lower court’s punishment is too heavy or is deemed unfair, and thus, the Defendant and the Prosecutor’s assertion are without merit.

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