2. The circumstances can be taken into account, such as the fact that the defendant recognized the instant crime and committed a mistake, and again, that the defendant would not drive a drinking without a license, and that the distance of driving is not relatively long.

However, since the crime of this case was committed on August 22, 2013 by the police officer's confirmation that the defendant was driving without a driver's license, and there are reasonable grounds to recognize that the defendant was driving under the influence of alcohol on three occasions in light of the defendant's speech condition, walking condition, and blood color, and thus failing to comply with the above request without justifiable grounds even though he was requested by the police officer to take a alcohol measurement on three occasions, the crime of this case was committed, and the defendant has already been punished several times due to drinking driving or driving without a license (one time of suspended sentence of imprisonment and three times of fine). The defendant was sentenced to six months of suspended sentence and two years of imprisonment for the violation of the Road Traffic Act (one time of suspended sentence of imprisonment and three times of fine) from the Suwon District Court's horizontal Housing Site on August 22, 2013, and the judgment became final and conclusive on August 30, 2013; the defendant's motive to commit the crime of this case was clearly lacking in prison punishment or imprisonment without prison labor, and other extenuating circumstances.

3. Thus, the defendant's appeal is without merit.