All appeals by the defendant and the prosecutor are dismissed.

1. The defendant asserts that the defendant's punishment of the court below (six months of imprisonment with prison labor) is too unfasible, and the prosecutor is too unfased and unfair.

2. The Defendant had a record of being punished several times for the same type of crime, such as drinking and non-licensed driving, and, in particular, on December 22, 2016, was sentenced to a suspended sentence of six months of imprisonment for driving without a license on December 22, 2016 (the appellate court, who was sentenced to imprisonment for six months in the first instance of the instant case, was sentenced to the above prior disposition in the appellate court), but committed the instant crime by driving again or without a license during the grace period.

This is disadvantageous to the defendant.

On the other hand, the fact that the defendant recognized the facts charged and reflects it, and that the alcohol level (0.077% in blood alcohol concentration) at the time of the crime is relatively high is favorable to the defendant.

In full view of the above circumstances and other conditions of sentencing indicated in the records, such as the defendant's age, sex, environment, occupation, circumstances leading to the crime, etc., and the circumstances after the crime, etc., where there is no change in the conditions of sentencing compared to the first instance court, and where the first instance judgment does not deviate from the reasonable scope of discretion, it is reasonable to respect the first instance judgment (see Supreme Court Decision 2015Do3260, Jul. 23, 2015), etc., the sentence imposed by the court below is deemed appropriate, and it is not recognized that the sentence imposed by the defendant is too heavy or unreasonable.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.