The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the sentence (five million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. Circumstances unfavorable to the judgment on the grounds of appeal: The defendant has a record of being punished by a fine twice due to drinking driving.

The favorable circumstances shows the attitude of the defendant to recognize and reflect the crime of this case.

The sentencing guidelines are not set for all kinds of crimes of violation of Road Traffic Act (driving) and violation of Road Traffic Act (driving without a license), which are shown in the present arguments and records, such as the defendant's age, character and behavior environment including the above unfavorable circumstances, the relation to the victim, the motive and consequence of the crime, the circumstances after the crime, etc.

Considering B, it is not recognized that the sentence imposed by the court below is too unhued and unfair.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.