The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The punishment sentenced by the court below (four months of imprisonment) is too unreasonable.

Judgment

The fact that the defendant is recognized as committing the crime of this case and is against the defendant, and that the defendant should scrap the cargo of this case and not repeat the cargo of this case for the first time, etc. are favorable to the defendant.

However, even though the Defendant did not have obtained a driver's license once, the Defendant went to the instant crime; the Defendant had been subject to criminal punishment five times (three times a fine and two times a suspended sentence) due to driving without a license before the instant case; in particular, on February 15, 2016, the Defendant was sentenced to a suspended sentence of six months at the Ulsan District Court for a violation of the Road Traffic Act (unlicensed Driving) and committed the instant crime during the suspended sentence of two years; the Defendant transferred the title of the instant truck owned by himself to a third party on January 11, 2016, immediately before the said suspended sentence was sentenced, and subsequently transferred the title of the instant truck owned by himself to a third party on January 11, 2016, and continued driving the instant truck without a driver's license. Considering the circumstances unfavorable to the Defendant, such as the Defendant's age, character and behavior, the environment, motive and circumstances of the instant crime, etc., the lower court’s punishment is unreasonable, and it is not deemed unreasonable.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since there is no ground for appeal. It is so decided as per Disposition.