The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the sentence (five million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. The circumstances are unfavorable to the defendant, such as the fact that the defendant has been punished five times due to driving without a license (four times a punishment punishment, four times a suspended sentence), that the defendant was sentenced to a suspended sentence for ten months due to driving of alcohol, and that he was driving without a license during the suspended sentence for two years, etc.

On the other hand, the fact that the defendant confessions the facts constituting an offense, and the termination period of mandatory insurance concerning the vehicle operated by the defendant at the time was immediately before the crime of this case until August 5, 2016. However, the fact that the defendant did not immediately renew on the wind that the defendant was unable to receive the payment, but again purchased mandatory insurance at August 10, 2016. If the defendant is sentenced to a sentence, the above suspended sentence should be invalidated and the above suspended sentence should be invalidated for at least 10 months, and it is somewhat harsh for the defendant to invalidate it due to a non-driving driver who is not a drinking driver.

In full view of such circumstances and other circumstances as the Defendant’s age, environment, sexual conduct, circumstances before and after the commission of the crime, etc., and the sentencing conditions specified in the records and arguments, the sentence imposed by the lower court is somewhat minor.

Even if it is not recognized that it is improper to destroy it.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.