All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. The determination of sentencing is based on the statutory penalty, with a discretionary determination that takes place within a reasonable and appropriate scope, taking into account the factors constituting the conditions for sentencing prescribed in Article 51 of the Criminal Act, based on which our Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has a unique area of the first instance trial regarding the

In addition, considering these circumstances and the ex post facto nature of the appellate court, it is reasonable to respect the sentencing conditions in the event that 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, and to refrain from rendering a sentence that does not differ from the first instance court on the sole ground that the sentence of the first instance falls within the reasonable scope of discretion, even though the sentence of the first instance court is somewhat different from the opinion of the appellate court.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court, based on its stated reasoning, sentenced the Defendant to the said punishment.

The circumstances cited by the defendant and the prosecutor as the grounds for appeal are already factors that have sufficiently taken into account while determining the punishment in the original trial, and there is no circumstance that can be specially considered in the trial, and there is no change in the conditions of sentencing.

Specifically, the fact that the defendant recognizes his mistake and reflects his depth, there is no record of punishment exceeding the fine, and the fact that the defendant's health status is not good can be considered as favorable circumstances for the defendant.

On the other hand, even though the defendant had already been punished three times due to drinking driving (three times a fine) and re-driving, and the defendant's license was revoked due to drinking driving committed on October 25, 2019.