The prosecutor's appeal is dismissed.

1. In light of the summary of the grounds for appeal (unfair punishment) and the fact that the defendant has a large number of criminal records of the same kind, the prosecutor of the court below sentenced the defendant to the punishment of a fine of KRW 3 million, which was sentenced by the court below, for eight months.

It is too unfortunate that is unfair.

2. The crime of this case was committed on October 19, 201 by the Defendant driving approximately 2 km of C Cocoon without a driver's license, and the Defendant had been sentenced to suspended execution for driving without a license in 2001 and driving without a license in 2007, a fine of KRW 2 million for driving without a license in 201 and a fine of KRW 4 million for driving without a license in 201. In particular, on October 19, 2012, the Defendant was again running without a license for driving without a license in the Hong Branch of the Daejeon District Court of Daejeon, the Defendant was sentenced to a suspended sentence of 2 years for a suspended sentence of 6 months for a non-license without a license for driving without a license for the same reason. Despite repeated punishment, the Prosecutor's assertion that the Defendant who has repeatedly committed the same crime should be punished in light of the legal order, and there is also a prosecutor's assertion that it should be strictly punished.

However, in full view of all other circumstances, including the Defendant’s age, health status, character and behavior, environment, circumstances before and after the instant crime, and the sentencing conditions for driving without a license, the lower court’s punishment is deemed to be unfair since it is difficult for the Defendant to urgently replace the machinery that was ordered by a thermal power plant to perform emergency underwater recovery work, and the Defendant was driving the vehicle while it was required to urgently replace the machinery that was ordered by a thermal power plant. The Defendant appears to reflect his mistake while taking a deep-time session for the instant crime. The Defendant disposes of the said vehicle after the control of the instant case and employs a driver, etc., and taking into account all other circumstances, such as the Defendant’s age, health status, character and behavior, the circumstances before and after the instant crime, etc.