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. The Defendant was sentenced to three times punishment due to drinking or non-licensed driving (two times a punishment, one time a suspended sentence). In particular, on April 7, 2016, the Defendant was sentenced to two years of a suspended sentence on June of the same month and the judgment became final and conclusive on the 15th of the same month, but the Defendant committed the instant crime of the same kind since one year has not passed thereafter, and thus, was disadvantageous to the Defendant.

However, the crime of this case was limited to driving without a license, the defendant recognized and reflected the crime of this case, the punishment for driving without a license prior to the suspension of the above execution is only once, and the distance of driving at the time was about 500 meters short, and it is not possible to repeat the crime in the future.

In full view of the following circumstances: (a) the fact that there is no special relationship or change of circumstances that may be newly considered in the trial; and (b) the Defendant’s age, environment, sex, motive for committing a crime, and circumstances before and after committing a crime; and (c) the sentencing conditions specified in the records and arguments in the instant case, the sentence of the lower court cannot be deemed as being too uneasible and unfair.

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.