The defendant's appeal is dismissed.

1. The penalty (five million won of a fine) sentenced by the first instance court on the gist of the grounds of appeal is too unreasonable;

2. Recognizing the facts charged in this case, there are favorable factors for sentencing, such as the fact that the defendant recognized the facts charged in this case and thereby is against his own will, that there is difficulty in economic situation due to the age of the aged, and that he suffers from cerebral cerebral cerebrovassis

However, the Defendant has been punished several times by driving under the influence of alcohol and driving without a license, and even at the same time, the Defendant was sentenced to two years of the suspended sentence in March 28, 2012 for the crime of violation of the Road Traffic Act (driving under the influence of alcohol) in the Changwon District Court's Busan District Court's Support on March 28, 2012.

Examining the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, criminal records, motive and background leading to the instant crime, the means and consequence of the instant crime, and the circumstances after the commission of the crime, etc. comprehensively, the sentence sentenced by the first instance court is deemed appropriate, and is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.