The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. While the Defendant had a history of having been punished four times due to driving without a license, the Defendant committed the act of driving without a license for a motorcycle in this case, and the statutory penalty for the act of violating the Road Traffic Act (unlicensed driving) in this case is a fine not exceeding 300,000 won, penal detention, and there is no record of being punished due to driving without a license. Considering that the Defendant is a crime during the period of probation, even if the sentence of the lower court is too unfasible, it cannot be deemed that the Defendant exceeded the reasonable scope of

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.