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. The fact that the judgment defendant has been punished several times for the same crime, and that he/she has been punished by a fine due to a non-licenseless driving during the period of suspension of the execution of drinking driving, but at the same time, he/she is disadvantageous to the defendant.

However, in full consideration of the circumstances favorable to the defendant, such as the sale of driving vehicles by the defendant, etc., and the fact that there is a family member to support the defendant, etc., and all of the sentencing conditions in the instant case, such as the defendant's age, sex, environment, motive for the crime and circumstances after the crime, it is not recognized that 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.