The defendant's appeal is dismissed.

1. The sentence imposed by the court below on the defendant (four months of imprisonment) is too unreasonable.

2. Circumstances favorable to judgment on the grounds of appeal: The defendant shows his attitude to recognize and reflect the crime of this case.

In the instant crime, drinking or traffic accident was not accompanied by the pertinent crime.

The defendant's health is not good, such as being hospitalized several times due to pulmonary dystrophy, chronic dystrophy, etc. accompanied by pulmonary color.

Unfavorable circumstances: the Defendant committed the instant crime without being aware of the same repeated crime period.

The defendant has been punished for driving without a license (three times of imprisonment, one time of suspended execution, and seven times of fine).

The sentencing criteria are not set for crimes violating Road Traffic Act (unlicensed driving), which include the above favorable circumstances, the defendant's age, character and character environment, the motive means of crime, the result of the crime, the circumstances after the crime, etc., and all the kinds of sentencing conditions indicated in the records.

In full view of the above, it is not recognized that the sentence imposed by the court below is too unreasonable because the sentence imposed by the defendant is too large.

3. 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.