The prosecutor's appeal is dismissed.

1. The lower court’s sentence (3 million won in penalty) against the Defendant on the summary of the grounds of appeal is deemed to be too uneasy and unreasonable.

2. The Defendant committed the instant crime during the period of suspension after being sentenced to 6 months of imprisonment, 2 years of suspended execution, 40 hours of compulsory driving, etc. due to a violation of the Road Traffic Act (non-licensed driving) around February 2017, etc., on the following grounds: (a) the distance and time of the instant non-licensed driving was considerably long; (b) the Defendant had been punished on several occasions due to non-licensed driving, etc.; and (c) the Defendant committed the instant crime during the period of suspended execution.

On the other hand, there are some factors to take into account the circumstances leading up to the driving without a license of this case, and there are relatively clear social ties between the branch and the family, such as the fact that the danger of driving without a license is realized and the occurrence of traffic accident has not occurred, and the branch and the family have relatively clear social ties. In full view of all the sentencing conditions of the defendant's family relation, economic situation, age, sexual behavior, environment, after the crime, etc., the court below's punishment seems to be reasonable and appropriate, and it cannot be deemed unfair because it is too 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.