All appeals filed by the defendant and prosecutor are dismissed.

1. The summary of the grounds for appeal asserts that the punishment imposed by the court below (eight million won of a fine) is too unreasonable, and the prosecutor asserts that the punishment imposed by the court below is too uneasible and unreasonable.

2. As to the assertion of unfair sentencing by both parties of the judgment, the following facts are favorable to the defendant: (a) the defendant supports the mother alone; (b) there is a difficulty in economic circumstances, such as retirement from work; (c) the defendant does not repeat the crime by taking advantage of his depth; and (d) the defendant does not have any specific criminal power except for the punishment of a fine of KRW 7 million due to a violation of the Road Traffic Act (driving).

On the other hand, the crime of this case was committed by the defendant without a driver's license, and there are reasonable grounds to recognize that the defendant was driving under the influence of alcohol and did not comply with the request of the police officer to respond to the measurement of drinking, and it is difficult to view that the crime of this case is disadvantageous to the defendant. The drinking driving is a crime that may cause damage not only to an individual but also to another person's life and property, and it is necessary to strictly eradicate it by reflecting the purpose of the revision of the Road Traffic Act. The defendant committed a violation of the Road Traffic Act of July 24, 2012 at Busan District Court by issuing a summary order of a fine of KRW 7 million as a crime of violation of the Road Traffic Act (driving) and was served on July 30, 2012, and the defendant committed the crime of this case since four months have not yet passed since it was served on July 30, 2012.

In full view of the above-mentioned circumstances, Defendant’s character, conduct and environment, the background and consequence of the instant crime, and all the circumstances constituting the conditions for sentencing as shown in the records and pleadings, such as the circumstances after the instant crime, it is difficult to deem that the sentence imposed by the lower court is heavy or uneasible. Therefore, the Defendant and prosecutor are unreasonable