2. The Defendant had a record of being punished several times for the same crime, and committed the instant non-licensed driving during the period of suspension of execution due to drinking or non-licensed driving.

However, in full view of the following: (a) the Defendant recognized the instant crime; (b) the Defendant is a mere unauthorized driver; (c) the number of times he/she was punished for the same kind of crime (one-time driving without a license; and (d) the Defendant’s age, sex, environment, circumstances leading to the Defendant’s crime; and (e) the circumstances after the commission of the crime, etc., the lower court’s punishment is too unjustifiable and unreasonable.

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.