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The defendant's appeal is dismissed.
Reasons
1. The sentence of the lower court (for four months of imprisonment and two years of suspended execution) to the summary of the grounds for appeal is unreasonable.
2. Determination ① The favorable circumstance is that the Defendant recognized the instant crime.
② However, in full view of the following circumstances: (a) the Defendant was punished by a fine of KRW 3 million on June 17, 2008 for a violation of the Road Traffic Act (unlicensed Driving) and was punished for the same offense on five occasions; (b) the Defendant has no record of the acquisition and trial of the driver’s license capable of driving the instant vehicle (Evidence No. 12 pages and the current trial statement); and (c) other conditions attached to the sentencing, such as the circumstances leading to the instant crime, means, results, and the circumstances after the instant crime, the lower court’s sentence cannot be deemed to be unfair because it is excessively unreasonable.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.