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 fact that the judgment defendant has been punished several times for the same crime, and that he/she has been driving without the license of this case when he/she was under the suspension of execution due to the same crime is disadvantageous to the defendant.

However, in full view of the circumstances favorable to the defendant that the defendant repents and reflects his/her mistake, and all of the sentencing conditions in the instant case, such as the defendant's age, sex, environment, driving circumstances, and circumstances after the crime, the court below's punishment is too unfeasible and unreasonable.

Therefore, the prosecutor's above assertion is without merit.

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.