The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. The Defendant, who was punished for the same crime, was driving without obtaining a driver's license again. The Defendant, who was sentenced to a suspended sentence on June 30, 2016 at the Ulsan District Court, was sentenced to two years of imprisonment on June 30, 2016 and again re-offendered during the suspended sentence period after the judgment became final and conclusive on October 1, 2016, etc., the Defendant's liability is not less strict, but the Defendant's criminal liability is not less strict, such as the fact that the Defendant recognized the crime, the fact that the Defendant does not have any traffic accident due to the Defendant's criminal act, and that the Defendant is highly likely to not repeat the crime, and other factors of sentencing as shown in the arguments such as the Defendant's age, sex, environment, motive and circumstance of the crime, the means and consequence of the crime, etc. after the crime, the prosecutor's 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.