Judgment

① The Defendant has the power to be punished by a fine of KRW 1.5 million for a violation of the Road Traffic Act in 1999, ② a fine of KRW 1.5 million for a violation of the Road Traffic Act in 2008, ③ a fine of KRW 4 million for a violation of the Road Traffic Act in 2014, ④ a violation of the Road Traffic Act in August 12, 2015 (d) a violation of the Road Traffic Act (d) and a violation of the Road Traffic Act (d) a violation of the Road Traffic Act in August 2, 2015 (d) a violation of the Road Traffic Act (d) a violation of the Road Traffic Act (d) a violation of the Road Traffic Act, 40 hours after the suspension of execution (d) a violation of the Act on September 4, 2015), and ⑤ a fine of KRW 1 million for a violation of the Act on June 24, 2015.

In particular, even if the judgment of the above suspension of execution became final and conclusive on September 4, 2015 and the defendant is under the suspension of execution, it is highly likely that he/she committed the instant non-licensed driving on August 25, 2016.

However, in full view of the following: (a) there are extenuating circumstances for the Defendant to make a living for his/her livelihood in poor condition that he/she has a large amount of debt at the time; (b) the driving without the license of a fine of one million won in 2015 was an offense for which a summary order was issued on June 24, 2015 and was not an offense during the period of suspension of execution; and (c) other various sentencing conditions such as the Defendant’s age, sex, environment, and circumstances after the crime, the lower court’s punishment is determined within the scope of the discretion of sentencing; and (b) it is unreasonable to deem that it is too unjustifiable.

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