The prosecutor's appeal is dismissed.

1. The sentencing of the lower court (one million won in penalty) on the gist of the grounds of appeal is deemed unfair because it is too unhued.

2. The Defendant committed the instant crime during the suspension period due to drinking driving and driving without a license, with the records of being punished several times due to drinking driving.

However, in full view of the various circumstances that are conditions for sentencing, including the Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, including the fact that the Defendant’s mistake is seriously against the Defendant, the lower court’s sentencing is not unfair, in view of the following facts: (a) there is no special circumstance or circumstance to change the sentencing of the lower court.

3. The appeal by the prosecutor of the conclusion is without merit, and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.