The defendant's appeal is dismissed.

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (five months of imprisonment) is too unreasonable;

2. In light of the fact that the defendant, who had been punished several times due to driving without a license, committed the crime of this case at the same time during the period of suspension of the execution of the same kind of crime, and the sentencing conditions in this case, such as the character and conduct of the defendant, the motive and circumstance of the crime, and the circumstances after the crime, are taken into account, even though the defendant's mistake is divided, it cannot be said that the sentence of the court below that made by taking into account

On the other hand, as the statutory penalty for the violation of the Road Traffic Act (recognition refusal) is one year to three years, or a fine of not less than 5 million won to not more than 10 million won and so long as the court selects imprisonment, even if the court decides to reduce the amount of punishment, it cannot be sentenced to imprisonment for less than 6 months, and the court below selected the imprisonment for each crime as stated in the judgment and sentenced the imprisonment for more than 5 months through discretionary mitigation.

However, in the instant case where only the Defendant appealed, the lower judgment cannot be changed more unfavorable to the Defendant than the lower court under Article 368 of the Criminal Procedure Act (see, e.g., Supreme Court Decision 201Do3181, Apr. 28, 201). 3. As such, the lower judgment is not reversed.