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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. The judgment is based on the favorable circumstances, such as the recognition and reflection of each of the crimes in this case by the defendant, and the fact that the defendant has difficulty in living due to disability.
However, despite the fact that the defendant had been punished twice due to drinking driving, he/she re-driving without a driver's license in the state of 0.268% alcohol concentration in blood within a short period from then, and the fact that the quality of the crime is poor is unfavorable to the defendant.
In addition, there is no change in the sentencing conditions compared to the original judgment, and considering all the sentencing conditions specified in the records and arguments of this case, the lower court’s punishment is too heavy or unfluent so that it cannot be deemed unfair. Thus, the above assertion 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.