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 that the defendant has been punished several times for the same kind of crime, and the circumstances unfavorable to the defendant are recognized.

However, it is reasonable to respect the determination of sentencing in our criminal litigation law, which takes the trial-oriented principle and direct care, where there is no change in the conditions of sentencing compared with the first instance court, and the first instance sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The unfavorable circumstance against the recognized defendant does not fall under any special change in circumstances that could change the sentence of the lower court after the sentence of the lower court was rendered, and there is no other special circumstance that changes in circumstances that could change the sentence of the Defendant’s age, sexual behavior, environment, etc., and considering the circumstances that form the conditions for the sentencing as shown in the argument of the instant case, the lower court’s punishment against the defendant is too unfair.

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.