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The defendant's appeal is dismissed.
Reasons
1. The sentence imposed by the lower court (four months of imprisonment) shall be excessively unreasonable.
2. The following are the circumstances favorable to the Defendant: (a) the Defendant’s confession, reflect, and refrain from repeating the instant crime; (b) there is a family member to support; (c) health status is not good; and (d) the family members and branch members of the Defendant want to leave the Defendant’s wife against the Defendant; and (c) the fact that social ties is clear.
On the other hand, the Defendant had a record of being punished for non-licensed driving more than five times in total after 2013, and was sentenced to the suspension of the execution of imprisonment due to non-licensed driving on January 2014 and again re-offendered for five months, but was sentenced to a fine. Nevertheless, the Defendant committed the instant crime without being aware of it during the suspension of the execution period, which is disadvantageous to the Defendant.
In light of the above circumstances and other various sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, it is not deemed that the sentence imposed by the court below is too unreasonable.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.