The defendant's appeal is dismissed.

1. The main point of the grounds for appeal is that the court below's imprisonment (four months of imprisonment) is too unreasonable.

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion.

(See Supreme Court Decision 2015Do3260 Decided July 23, 2015). Circumstances may be considered in light of the circumstances, such as the fact that the Defendant reflects the nature of the Defendant, and that the Defendant would not drive without a license.

Meanwhile, the lower court, taking into account the foregoing circumstances, did not change circumstances that could be considered in the sentencing after the sentence of the lower judgment was rendered, and the Defendant was punished on seven occasions due to driving without a license, and in particular, on July 13, 2017, the violation of the Road Traffic Act, the violation of the Road Traffic Act, and the violation of the Construction Machinery Management Act, even if he was sentenced to a suspended sentence of two years due to the violation of the Construction Machinery Management Act, committed the instant crime during the suspended sentence of six months, and the Defendant’s age, character and behavior, environment, motive and background of each of the instant crimes, and means and method of each of the instant crimes, and all of the sentencing factors in the process of the instant records and the trial, such as the circumstances after the crime, cannot be deemed unfair because the sentence imposed by the lower court exceeded the scope of reasonable discretion.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.