2. According to the judgment below, the defendant can have been punished for the same traffic crime including the punishment, and the defendant again commits the crime of this case without weight even though he was under the period of suspension of execution of the same crime, social danger and harm that has a drinking or unlicensed driving crime, and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, which apply to the crime of violation of the Road Traffic Act among the crimes of this case, as the punishment of this case is imprisonment with prison labor for not less than one year but not more than three years and not more than 5 million won but not more than 10 million won, even if he selects imprisonment with prison labor, the remaining sentence of the punishment of the defendant is limited to more than 6 months, and considering other various conditions of sentencing that have been shown in pleadings such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., the above argument by the court below is justified.

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.