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The defendant's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the court below's imprisonment (four months of imprisonment) is too unreasonable.
2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The Defendant said that he/she would not recognize and repeat a crime by scrapping his/her vehicle, etc.
However, the defendant has been punished several times for the same crime, including the suspension of imprisonment for the same crime (in particular, there has been a history of being punished by a fine on two occasions only for the crime of driving without a license), and in particular, the fact that the defendant has carried out driving without a license in violation of special matters of probation in the suspension of imprisonment for the crime of driving without a license.
In addition, even when considering the Defendant’s age, character and conduct, environment, motive and background of the crime, driving distance, and circumstances after the crime, etc., the sentencing of the lower court appears to have been conducted within the reasonable scope of discretion by taking into account all the sentencing conditions specified in the proceedings of the instant case, and there are no special changes in circumstances that could change the sentencing of the lower court, and thus, it cannot be said that the sentence of the lower court is too unreasonable.
Therefore, the defendant's above assertion is without merit.
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.