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. Determination

A. In a case where there is no change in the conditions of sentencing compared with 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 en banc Decision 2015Do3260 Decided July 23, 2015). B.

The lower court determined a sentence against the Defendant by taking into account the following circumstances: (a) the Defendant had been punished three times since 2012 or more for drinking driving; (b) one of them was subject to suspended sentence; (c) the Defendant caused a traffic accident that causes the vehicle parked while driving a vehicle while drinking in the same while drinking alcohol during the period of suspended sentence; (d) the Defendant failed to comply with a police officer’s legitimate request for measurement of drinking alcohol without justifiable grounds; (e) the police officer did not obtain again the driver’s license revoked due to drinking; and (e) the instant crime was committed in light of the aforementioned circumstances and the risk of recidivism by the Defendant related to drinking driving is not good and it is difficult to deem that the risk of recidivism by the Defendant is low.

C. Based on the legal principles as seen earlier, there is no change in the above sentencing conditions compared with the court below. In light of the Defendant’s age, character and conduct, motive of crime, and circumstances revealed in the proceedings of the instant case, the court below’s punishment is too heavy or unreasonable. Thus, the Defendant and the prosecutor’s above assertion are without merit.

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