A. The sentence imposed by the prosecutor (7 million won of a fine) is too unhued and unreasonable.

B. The sentence imposed by the lower court is too unreasonable.

2. The judgment defendant tried not to repeat a crime by breaking it in depth.

The instant crime did not cause a traffic accident.

The defendant is currently living difficult without any occupation.

However, the Defendant had been sentenced to a fine twice due to drinking driving, and the Defendant was issued a summary order of a fine of KRW 5 million on January 15, 2013 and did not have been issued two months thereafter, and committed the instant crime.

At the time of crime, the blood alcohol concentration of the defendant was considerably high by 0.128%.

In addition, considering all the sentencing conditions shown in the records and arguments of this case, such as the age, character and conduct, environment, etc. of the defendant, the sentence imposed by the court below cannot be deemed to be too weak or unreasonable.

3. If so, the appeal by the prosecutor and the defendant 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.