2. The Defendant, while driving without a license, has been subject to punishment twice or once due to drinking driving, and the Defendant was sentenced to imprisonment for a period of eight months on January 16, 2015 by the Seoul Central District Court for the crime of extortion, etc. and for three months after the execution of the sentence was completed on June 29, 2015, and thereby committed the instant crime.

On the other hand, it is more favorable that the defendant's mistake is recognized by the investigative agency to the court of the first instance and reflects his mistake, the defendant has no record of being sentenced to a fine exceeding the same kind of crime, and the punishment for drinking is imposed by drinking is not more than five years, and the distance (10m) of the defendant's driving is not clear.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the Prosecutor’s assertion is without merit, on the grounds that the lower court’s punishment is too uneasible and it is not deemed unfair.

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