도로교통법위반(무면허운전)
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (four months of imprisonment) is too unreasonable.
2. In determining whether the Defendant was subject to punishment seven times due to driving without a license for drinking alcohol, and the two times of the suspension of the execution of imprisonment, the Defendant’s driving without a license again, and other circumstances that are the conditions for sentencing, such as the Defendant’s age, sex, environment, and circumstances after the commission of the crime, the sentence to the Defendant is inevitable. The Defendant’s imprisonment with a labor for four months, which the lower court directed against the Defendant, is within the reasonable scope of discretion, and is too unreasonable.
Therefore, the defendant's appeal 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 grounds that the defendant's appeal is without merit. It is so decided as per Disposition.