A. The sentence imposed by the prosecutor (six months of imprisonment) is too unhued and unfair.

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

2. On September 21, 2012, the Defendant had been punished five times due to drinking or unlicensed driving since 2002, and committed the instant crime during the suspended execution period after being sentenced to a suspended sentence of six months for drinking driving at the Daegu District Court on September 21, 2012.

The defendant's blood alcohol concentration was 0.282% higher.

However, the defendant has no record of punishment exceeding a fine, except once the above suspended sentence, and has not committed a crime of this case in depth and has not committed a second offense.

The defendant supports a pair of nests after divorce.

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

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