The defendant's appeal is dismissed.

1. The sentence of the lower court (five months of imprisonment) is too unreasonable as the gist of the grounds for appeal is too unreasonable.

2. Circumstances favorable to the defendant are as follows.

The Defendant recognized the instant crime and reflects on, and again, did not repeat the crime.

The defendants are faced with economic difficulties.

Family members of the defendant want to be the defendant's wife.

Circumstances unfavorable to the defendant are as follows:

On December 8, 2016, the Defendant was sentenced to a two-year suspended sentence for the same crime, and the judgment became conclusive on December 16, 2016, and again committed the instant crime even during the suspended sentence period.

In addition, the defendant has been punished by a fine on several occasions for traffic crimes such as drinking, driving without a license, etc.

In addition, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and the previous theories, such as the circumstances after the crime, the lower court’s punishment is too unreasonable.

Defendant’s 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 grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

[Judgment of the court below] Since it is obvious that the entry in the column for criminal facts [criminal records] of the court below is a clerical error, it shall be corrected as follows in accordance with Article 25 of the Rules on Criminal Procedure.

"A person who was sentenced to imprisonment for four months with prison labor for a violation of the Road Traffic Act (non-licensed driving) by the Cheongju District Court on December 8, 2016, and whose judgment has become final and conclusive on December 16, 2016 and is still under the period of suspension of execution."