2. The following are the circumstances favorable to the Defendant: (a) the Defendant’s misunderstanding reflects the depth of the mistake; (b) the level of exploitation was not high at the time of the instant crime; (c) the distance of driving was relatively short; (d) the Defendant did not have any criminal record heavier than that of a fine; and (e) the Defendant is obliged to drive the vehicle to support the wife and the mother of the Defendant.

On April 7, 2012, the Defendant was sentenced to a fine of KRW 4 million, a fine of KRW 7 million for driving without a license on October 7, 2012, and a fine of KRW 4 million for driving with a license on October 7, 2012, and was sentenced to a fine of KRW 4 million for driving without a license on two occasions or without a license during 2012, and the Defendant, including the above criminal records, has served ten times the criminal records of violation of the Road Traffic Act. In particular, even though the Defendant was under the influence of driving on October 7, 2012, the Defendant appeared to have been under the control of driving under the influence of alcohol again, and there seems to be a high concern about recidivism of the Defendant, and the law also strengthened the punishment for driving under the influence of alcohol.

In addition, comprehensively taking account of the Defendant’s age, criminal records, character and conduct, environment, family relationship, motive and circumstances after the crime, etc., the lower court’s sentence, including the community service order for 160 hours and the lecture order for compliance driving for 40 hours, is deemed to be unreasonable, and thus, 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 since it is without merit. It is so decided as per Disposition.