All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The lower court’s punishment (five million won in penalty) is too unreasonable.

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

2. Considering the fact that the defendant had a criminal record related to traffic multiple times, in particular, the defendant was sentenced to six months of imprisonment with prison labor for a crime, such as violation of the Road Traffic Act (unlicensed Driving) in around 2015, and the defendant again committed the crime of this case since one year has not passed since the execution of the sentence was completed, strict punishment against the defendant is required.

However, in full view of the following: (a) the Defendant divided his mistake; (b) the Defendant is a recipient under the National Basic Living Security Act; (c) the total distance of the Defendant driven by the instant crime is about 360 meters; and (d) the Defendant’s age, sex and environment; (b) the motive, means and consequence of the instant crime; and (c) various sentencing conditions stated in the instant pleadings, such as the circumstances after the commission of the crime, etc., the sentence imposed by the lower court is deemed appropriate; and (d) the Defendant and the Prosecutor’s above assertion are too heavy or unbrupted so that it is unreasonable.

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.