The prosecutor's appeal is dismissed.

1. The sentencing of the lower court (a fine of three million won) is too unhued and unreasonable.

2. In light of the fact that the accused had been punished several times due to driving without a license, it is difficult for the accused to be sentenced to punishment, considering that he/she had again driven without a license during the period of suspension of execution due to driving without a license.

However, the defendant's mistake is divided in depth, and his spouse has been driving in order to resist the pain due to the aftermath of the traffic accident, so it is considered in driving circumstances, and the danger of unlicensed driving itself is not significant.

Considering such circumstances and other conditions of sentencing as well as the age and environment of the defendant, it is difficult for the court below to find the defendant to be sentenced to a fine in accordance with the maximum statutory penalty beyond the reasonable scope.

3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.