The prosecutor's appeal is dismissed.

1. The sentence (five million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhutiled and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). There is no new circumstance to change the sentence of the lower court in the first instance court, and even though the Defendant committed the instant crime during the suspension of execution and surveillance period due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or the negligence), the Defendant committed the instant crime during the suspension of execution and surveillance period due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. However, after 204, the Defendant did not have a criminal record due to drinking, but after 204, the Defendant did not have a criminal record due to drinking, and the Defendant’s distance from driving a bicycle without a license is shorter than about 3 meters, and the Defendant’s age, sex, power, motive or circumstance of the crime, etc.

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