2. In the past, the Defendant had been punished five times (including a suspended sentence once) due to drinking or non-licensed driving, and in particular, even though he was sentenced to a suspended sentence of one year for six months due to drinking or non-licensed driving at the Ulsan District Court on May 21, 2015, the Defendant’s liability for the instant non-licensed driving, etc. during the period of the suspended sentence, is not easy.

However, in full view of the following factors: (a) the Defendant recognized his/her mistake and reflects; (b) the Defendant was sentenced to the suspended sentence and is engaged in a relatively stable occupation; (c) the probation officer’s guidance and supervision appears to have faithfully complied with the probation officer’s order; and (d) there are no new circumstances or changes in circumstances that may be considered in sentencing after the lower judgment was rendered; and (b) other factors of sentencing as indicated in the process of the trial and records, including the Defendant’s age, character and conduct, family environment, motive and background of the offense; (c) the means and consequence of the offense; and (d) the circumstances after the offense, etc.

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