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. Although the Defendant committed the instant crime even though he had been punished once and three times for driving without a license, the Defendant committed the instant crime, which is disadvantageous to the Defendant, such as the fact that he committed the instant crime. However, the instant crime was limited to driving without a license, the Defendant recognized and reflects it, the Defendant disposed of the vehicle that was driven at the time of the instant case, the current health is not good, there is no prior conviction or change of circumstances that may be newly considered in the trial, and there is no special relation or change of circumstances that may be newly considered in the current trial, and other various circumstances, including the Defendant’s age, environment, sex behavior, motive for committing the instant crime, and the circumstances before and after the instant crime, etc., the lower court’s punishment cannot be deemed unfair as it is too unfeasible.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.