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. It is recognized that the Defendant has been sentenced to a fine, suspension of execution, and punishment for a total sum of times, and that there was a record of being punished three times by driving without a license, and that the Defendant committed the instant crime without being aware of the period of suspension of execution due to a special injury, that he committed the instant crime, that he did not cause an accident to shock a vehicle parked during driving without a license, and that there was no record of obtaining a driver’s license.

However, in light of the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, and all of the sentencing conditions indicated in the pleadings of the instant case, such as the motive, means and consequence of the instant crime, the lower court’s punishment is too unfeasible and unreasonable.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit, and it is so decided as per Disposition (Article 70 of the Criminal Act). However, since it is apparent that the application of the law in the judgment of the court below was omitted by this mistake after the “Article 70 of the Criminal Act” after the “Article 70 of the Criminal Act” of the detention in the workhouse, it is corrected to add it ex officio pursuant to Article 25(1)