2. One-time, the defendant was punished six times in total for the same crime. In addition to the punishment of imprisonment with prison labor for four months and two-year suspension of the execution due to driving without a license for driving in 2012, the defendant was sentenced to imprisonment with prison labor for six months due to driving without a license for drinking in 2015, and three-year suspension of the execution, etc., but again carried on driving without the license in this case during the suspension of the execution period, so it is necessary to punish the defendant (the person before the suspension of the execution of 2012 shall be subject to amnesty): Provided, That the defendant is led to the confession and reflect of the crime, the fact that the defendant is not subject to punishment as a traffic crime, the fact that the defendant does not have any other criminal record, such as traffic accident, etc., the fact that he is being faithfully carrying out the protection and observation, etc., and that he has a family member to support

In addition, the lower court did not recognize that the sentence against the Defendant was too unafford, and that there was no special change in the judgment of the Defendant in light of the overall circumstances, and all other circumstances that form the conditions for sentencing as shown in the records and arguments of the instant case, including the Defendant’s age, environment, sexual conduct, motive for committing a crime, and circumstances before and after committing a crime.

3. If so, the prosecutor'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.