The prosecutor's appeal is dismissed.

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. On the other hand, the Defendant had been already sentenced to five times or more as a crime of violating the Road Traffic Act, and in particular, on the other hand, on February 7, 2017, at the Daegu District Court Port Branch, the Defendant was sentenced to a two-year suspended sentence for eight months due to a traffic accident resulting from drinking driving, and on the other hand, the Defendant committed the instant crime again only for one month and one month, which is disadvantageous to the Defendant.

However, in full view of all the records, including the defendant's age, sex, environment, occupation, and circumstances after the crime, the sentence of the court below is too unafford and thus it is not deemed unfair, in light of the following: (a) the defendant committed a crime; (b) the defendant did not repeat the crime while disposing of the vehicle used for the crime; (c) the crime in this case did not lead to traffic accident; and (d) the defendant was punished for the violation of the Road Traffic Act (unlicensed Driving); and (c) the defendant did not have any other record.

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