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. It is recognized that the Defendant committed the instant crime without being aware of not only the period of repeated crime due to the same kind of violation of the Narcotics Control Act, but also the period of repeated crime due to the Defendant’s negligence, suspension of execution, and punishment for not less than six times.

However, considering the following factors: (a) the Defendant divided his mistake; (b) the distance of driving without a license is about 500 meters; and (c) the Defendant’s age, sex, environment; and the motive, means, and consequence of the instant crime; and (d) all of the sentencing conditions specified in the arguments in the instant case, such as the circumstances after the instant crime, the lower court’s punishment is too unfeasible and unreasonable.

Therefore, prosecutor's 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.