The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. In light of the fact that the Defendant again committed the instant non-exclusive driving crime during the period of suspension of execution, even though he/she was sentenced to one year of suspended execution due to a violation of the Road Traffic Act (drinking) or a violation of the Road Traffic Act (licensed driving) around July 2016, it is necessary to punish the corresponding strict punishment.

However, the defendant's mistake is divided, and the defendant does not again commit a non-licensed crime.

In full view of the following facts: (a) there is no record that the Defendant was punished as a crime of violating the Road Traffic Act (unlicensed Driving) in addition to the above probation period; (b) the Defendant was 50 meters away from driving without a license at the time of the instant case; (c) the Defendant did not cause a traffic accident due to driving without a license at the time of the instant case; and (d) the Defendant’s age, sex and environment; (d) motive, means and consequence of the instant crime; and (e) other various sentencing conditions as shown in the instant pleadings, such as the circumstances after the instant crime, etc., the lower court’s punishment is too uneasible and unfair,

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.