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. Although the Defendant had been punished for three times due to the crime of violation of the Road Traffic Act, the fact that the Defendant had engaged in the instant non-exclusive license is disadvantageous to the Defendant.

However, when comprehensively considering the circumstances favorable to the defendant, such as the fact that the defendant repents and reflects his mistake, the fact that the defendant has no record of punishment in excess of the fine for the same kind of crime, and all of the sentencing conditions indicated in the instant case, such as the age, sex, environment, circumstances of the crime, and the circumstances after the crime, the sentence of the court below is too uneasible and unfair.

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.