The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (five months of imprisonment) by the lower court is too unreasonable.

2. There are extenuating circumstances, such as the fact that the defendant recognized the crime of this case as well as the mistake, and again, should not drive a drinking without obtaining a license, and the fact that the crime of this case and the violation of the Road Traffic Act (driving) as stated in the final judgment should be considered at the same time when the crime of this case and the judgment have become final and conclusive.

However, the Defendant has already been punished several times due to drunk driving or unlicensed driving (one time of suspended sentence of imprisonment and three times of fine), and the Defendant committed the instant crime, which is the same kind of crime without any genuine reflect, even though he was subjected to suspended sentence in 2004.

Furthermore, even though the Defendant was under indictment and trial due to drunk driving prior to the crime of this case, he again committed the crime of this case, and it seems that the Defendant seems to have significantly lacking compliance consciousness and effort to prevent recidivism, it is inevitable to severely punish the Defendant.

In addition, in full view of the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, circumstances before and after the instant crime, etc., the lower court’s punishment cannot be deemed to be unfair as it is inappropriate. Thus, the Defendant’s assertion cannot be accepted.

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.