The prosecutor's appeal is dismissed.

1. The sentence of the lower court (one million won in penalty) on the summary of the grounds for appeal is deemed to be too unhued and unfair.

2. One of the defendants has been punished by a fine on three occasions due to driving under drinking;

The Defendant, while his license was revoked due to drinking driving, was driving without a license as the instant crime.

This point is the same as the prosecutor asserts.

However, the defendant recognizes and reflects the crime.

The defendant has no record of being punished for driving without a license, and there is no record of crime other than three times prior to a fine for driving without a license.

In addition, in full view of all other circumstances that form the conditions for sentencing, such as the Defendant’s age, sex, environment, family relationship, motive and method of committing the crime, and circumstances after committing the crime, the lower court’s sentence is too uneasible and thus it cannot be deemed unfair, and the prosecutor’s assertion is without merit.

3. According to the 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.