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. Determination is an unfavorable condition to the Defendant that the Defendant had been punished for driving without a license or driving under drinking, etc., and that the Defendant again committed the instant crime during the period of suspension of execution due to a non-licenseless driving, etc.

However, in full view of the following circumstances: (a) the Defendant led to confession of and reflects on the facts constituting an offense; (b) the Defendant was not subject to regulation by causing traffic accidents; (c) the effect of the existing suspension of execution by sentenceing imprisonment to the Defendant appears to be somewhat harsh; and (d) the Defendant’s age, environment, sexual conduct, motive for committing an offense, and circumstances before and after committing an offense, etc., which are the conditions for sentencing specified in the instant records and arguments, the lower court’s sentence is too un

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.