2. Determination

A. It is recognized that the Defendant committed the instant crime without being aware of the fact that he/she was sentenced to six months of imprisonment due to drunk driving and unlicensed driving, and two years of suspended sentence, even though he/she was under suspended sentence, and that he/she was punished due to drunk driving (three times of fine).

B. However, in full view of the following circumstances: (a) the Defendant led to the instant crime; (b) the Defendant’s confessions and reflects the Defendant; (c) the Defendant must support the wife and her children; (d) the Defendant did not commit any additional crime other than driving without the license; and (e) the Defendant’s age, character and conduct; (b) the environment; (c) motive, means and consequence of the instant crime; and (d) other circumstances that form the conditions for sentencing specified in the instant records and pleadings, such as the circumstances after the commission of the crime, it is not determined that the Defendant’s punishment

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.