The defendant's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s imprisonment (ten months of imprisonment) is too unreasonable.

2. The Defendant recognized the instant crime and is against the law.

This is the circumstances favorable to the defendant.

However, the crime of this case is not likely to be committed by the defendant who was under suspension of execution due to the violation of the Road Traffic Act (driving) due to the crime of violation of the Road Traffic Act.

In a case where a criminal defendant has already been tried several times, there is no change in the conditions of sentencing compared to the first instance court, and where the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). There is no new change in circumstances that may change the sentence of the lower court in the trial.

This is disadvantageous to the defendant.

In full view of such circumstances as well as the Defendant’s age, environment, character and conduct, motive for committing the instant crime, and circumstances before and after the commission of the crime, it cannot be deemed that the lower court’s punishment 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.