All appeals by the defendant and the prosecutor are dismissed.

1. As to the gist of the reasons for appeal (one year of imprisonment) by the lower court, the Defendant asserts that it is too unreasonable for the Defendant to be sentenced to imprisonment, while the prosecutor filed each appeal by asserting that it is too unfasible and unfair.

2. The judgment of the Defendant shows the form of recognizing and reflecting the crime.

In 2012, the defendant has no record of punishing drinking driving except for punishment as a fine after driving under drinking or without a license.

On the other hand, the Defendant, who was under trial due to driving without a license, is not only driving again while driving without a license, but also driving with a high level of alcohol level of 0.187% and 0.166%.

The defendant has been punished several times for traffic crimes, such as non-licensed driving and violation of road traffic law (unauthorized measures after accidents), and among them, there is a relatively recent history of punishment for suspended sentence of imprisonment in 2018.

In addition, comprehensively taking into account the sentencing conditions specified in the instant case, such as the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the lower court’s punishment is only within the reasonable scope of discretion and is too heavy or light.

It is difficult to see it.

Therefore, we cannot accept all the defendant and prosecutor's argument.

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