The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds for appeal (three million won of a fine) is too unhued and unreasonable.

2. In light of the fact that the Defendant was sentenced to two times of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and repeated driving without prison labor for a period of one year and six months since the completion of the execution of the sentence, etc., the Defendant’s liability is not less than that of a fine, but there is no record of being sentenced to more severe punishment than that of a fine for the same kind of crime in the past. In particular, since around 2007, there is no record of being punished for the same crime. The lower court selected a fine in consideration of all the above circumstances of the Defendant, but sentenced to a fine in an amount equivalent to the maximum statutory punishment, and comprehensively taking into account all the sentencing conditions indicated in the instant case, such as the Defendant’s age, character and behavior, intelligence and environment, motive and circumstance of the instant crime, and circumstances after the crime, etc., the 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 as it is without merit. It is so decided as per Disposition.