All appeals by the defendant and the prosecutor are dismissed.

1. On the summary of the reasons for appeal, the defendant asserts that the defendant is too unfasible with respect to the punishment (eight months of imprisonment) declared by the court below, and the prosecutor is too unfased and unfair.

2. It is recognized that the defendant's mistake is against the defendant's wrongness when intending to commit the crime.

However, the defendant has already been punished several times due to drinking, driving without a license, and in particular, on May 11, 2017, the Daegu District Court sentenced a two-year suspension of execution to six months of imprisonment due to the violation of the Road Traffic Act (drinking) and the violation of the Road Traffic Act (drawing without a license), but there is a large degree of criticism in driving a vehicle in the state of drinking without a driver's license for only four months.

In full view of the above circumstances and other conditions of sentencing, including the Defendant’s age, sex, environment, occupation, and the circumstances after the crime, the sentence imposed by the lower court is deemed appropriate, and it is not deemed unfair because it is too hot or unfasible.

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