The prosecutor's appeal is dismissed.

1. The lower court’s sentence (3,000,000 won) against the Defendant on the gist of the prosecutor’s appeal is unreasonable because it is too unfasible.

2. The judgment of the court below is that the defendant driven a car without a driver's license, and the crime of this case is serious in light of the contents of the crime, and the defendant committed the crime of this case without being aware of the fact that the defendant was under suspension of execution due to the same kind of crime, and the circumstances unfavorable to the defendant are recognized.

However, it is reasonable to respect the defendant's confession of the crime of this case and reflects the defendant's mistake in depth, the defendant is in an economically difficult situation because he supports his old mother and his family without good health, the defendant has no record of being punished as a crime of violating the Road Traffic Act (unlicensed driving), the Korean Criminal Litigation Act, which takes the trial-oriented principle and the principle of direct supervision, has the unique area of the first deliberation as to the determination of sentencing, and there is no change in the conditions of sentencing compared with the first instance court, and the first instance sentencing does not go beyond the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The unfavorable circumstances against the above recognized defendant do not fall under a special change of circumstances that could change the sentence of the court below after the sentence of the court below was rendered, and if the defendant's age, sexual behavior, environment, etc. two circumstances serving as the conditions for the sentencing of this case, the court below's punishment against the defendant is too unfair, considering the following two circumstances.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.