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The defendant's appeal is dismissed.
Reasons
1. The sentence imposed by the court below on the defendant (one hundred months of imprisonment) is too unreasonable.
2. There are extenuating circumstances, such as the fact that the defendant recognizes and reflects the crime, the distance of the defendant's driving is shorter than 100 meters, the fact that the defendant disposes of the vehicle driven by the defendant, the fact that the defendant's health conditions is not good due to disability (class 3), and the defendant must support the mother's mother of class 5 disability (class 5);
However, the Defendant was sentenced to a fine on one occasion due to driving without a license, a fine on one occasion due to driving without a license, a fine on one occasion due to driving without a license, and a suspended sentence once, and the Defendant was sentenced to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (escap vehicles) and a violation of the Road Traffic Act (e.g., a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act). On June 2, 2016, the Defendant was sentenced to a suspended sentence for ten months at the Changwon District Court on October 2, 2016, and was sentenced to a suspended sentence for one year and did not know about the fact that the Defendant was under a suspended sentence, and thus, it is not good to commit the crime. The Defendant’s act of driving without a license for drinking and without a license is deemed impossible to be subject to a suspended sentence under the law due to a crime during the same period of suspended sentence, and the Defendant was not able to prevent recidivism by considering the above circumstances.
3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.