The prosecutor's appeal is dismissed.

1. The sentencing of the lower court (two months of imprisonment and three years of suspended execution) is deemed to be too unhued and unfair.

2. The conclusion that the Defendant committed the instant crime is disadvantageous to the Defendant, even though the Defendant was punished four times or more for driving without obtaining a driver’s license (including once a license) and was sentenced one time for driving without license, and the Defendant committed the instant crime despite the fact that the Defendant committed the instant crime.

However, it is difficult to view that the sentencing conditions of the court below, which imposed a suspended sentence, are too unreasonable, considering the fact that the defendant's mistake is against the depth of the defendant, the last same criminal record before five years, that the defendant was found not to have paid a traffic accident but to have been discovered only by driving without a license, and that the defendant's age, character and conduct, environment, circumstances and result of the crime, etc. as shown in the arguments, such as the circumstances after the crime, etc.

3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.