The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is unreasonable because the penalty (three million won of a fine) declared by the court below against the defendant is too unfilled.

2. The judgment of the court below is just because the defendant did not take part in the crime of this case even though the defendant had two or more driving skills without a license and was in the period of suspension of execution due to driving without a license for drinking.

However, it is necessary to respect the judgment of the court below because there is no change in the conditions of sentencing compared with the court below because new sentencing data have not been submitted at the court below. In full view of the fact that the defendant is expected not to drive the crime in this case, the defendant employed a part-time employee to drive the vehicle in order not to drive the vehicle without a license, and other circumstances that form the conditions of sentencing as shown in the records and arguments, such as the circumstances after the crime, character and behavior, environment, age, etc. of the defendant, the sentencing of the court below 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 as it is without merit. It is so decided as per Disposition.