The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The punishment of the lower court (7 million won of a fine) is too unreasonable.

Judgment

The Defendant has already been punished twice due to drunk driving, and the blood alcohol concentration of the Defendant constitutes 0.107% higher, and the Defendant again committed the instant crime without a license for not less than one year since he was punished for drunk driving in 2015.

In addition, as long as the statutory punishment for the defendant, once again discovered while driving a motor vehicle more than twice, is set at one year to three years, and a fine of ten million won, even if the distance of the defendant's operation of the motor vehicle is shorter, it cannot be deemed that the fine of seven million won is excessive compared to the illegality of the defendant's crime committed by a person without a license even though the defendant is short of the distance of driving the motor vehicle.

In addition, comprehensively taking account of the following factors, such as the Defendant’s age, character and conduct, environment, motive and background of the crime, and circumstances after the crime, the sentencing of the lower court is difficult to be deemed to have exceeded the reasonable scope of discretion.

Therefore, the defendant's assertion of unfair sentencing is not accepted.

Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is not reasonable.