The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal in light of the fact that the defendant, who has been subject to criminal punishment five times due to the crime of violation of the Road Traffic Act due to driving without a license identical to this case, seems to have high risk of repeating a crime by repeating without a license, without being aware of the fact that the defendant is still under trial due to the preceding driving without a license, is likely to suffer from a high level of risk of repeating a crime by repeating a license, etc., the court below's imprisonment (two months of imprisonment and suspension of execution

2. The court below decided the above punishment against the defendant on the grounds as stated in its reasoning. The circumstances alleged by the prosecutor as a reason for sentencing unfavorable to the court below are deemed to have already been taken into account while determining the punishment in the court below. In light of the above circumstances, the defendant's mistake in the process of the crime of this case in a net order and in depth is against the defendant's mistake, and the judgment of the court below is merely a mere mere driving without a license cannot be deemed to have exceeded the reasonable scope of discretion because the judgment of the court below is too unhued.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.