The prosecutor's appeal is dismissed.

1. The sentencing of the lower court (one million won in 3 million won) on the gist of the grounds of appeal is deemed unfair because it is too uneasible.

2. The Defendant had a record of being punished several times for the same crime and committed the instant crime during the period of suspension of execution due to drinking driving.

However, in full view of the following circumstances: (a) the instant crime is a mere unlicensed driver; (b) the Defendant’s age, sex, environment, family relationship; (c) motive and background of the crime; (d) the motive and consequence of the crime; and (e) there is no special circumstance or circumstance to change the sentencing after the lower judgment; and (e) the lower court’s sentencing is not unfair.

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.