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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (four months of imprisonment) by the lower court is too unreasonable.
2. Determination factors are favorable sentencing factors, such as the fact that the defendant's mistake is divided and reflected, and that the defendant is economically difficult.
However, it is an unfavorable sentencing factor, such as that the defendant has a history of punishing a large number of crimes of violation of the Road Traffic Act due to drinking and driving without a license, and that the defendant committed the crime of this case without being aware of it for seven months after having been sentenced to a punishment due to drinking driving and having completed the execution of the sentence.
In addition, considering the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, various sentencing materials revealed in the pleadings are considered as inappropriate because the lower court’s punishment is too unreasonable. Therefore, the Defendant’s assertion is groundless.
3. In conclusion, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.
[However, ex officio in accordance with Article 25(1) of the Rules on Criminal Procedure, the application of the judgment of the court of the court below is corrected by adding "(s)" to the end of "criminal facts, relevant provisions and choice of punishment" in the application of the statutes of the court of the court below.