The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the penalty (3 million won in penalty) declared by the court below is too unfilled and unfair.

2. The circumstances that the defendant claimed by the prosecutor are disadvantageous to the defendant, such as the fact that the defendant was a person who was under probation due to a violation of the Road Traffic Act, that the defendant committed the crime of this case, that the defendant was six times as a person who violated the Road Traffic Act, and that he was punished twice as a same crime.

However, it is harsh that the cancellation of the previous suspended sentence by driving without obtaining a license for the same kind of crime has no previous conviction for the defendant, since the occurrence of damages caused by traffic accidents, etc. does not occur, and under our Criminal Procedure Act that adopts the principle of court-oriented trials and the principle of direct supervision, it is reasonable to respect the sentencing in cases where there exists the unique area of the first deliberation as to the sentencing, and there is no change in the conditions of sentencing compared with the first trial, and the first sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The unfavorable circumstances against the defendant asserted by the prosecutor do not constitute changes in special circumstances that may change the sentence of the court below after the pronouncement of the judgment of the court below, and it cannot be deemed unfair because the court below’s punishment against the defendant is too uneasible, considering all circumstances, such as the defendant’s age, sex, environment, and circumstances after the crime, etc.

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