The prosecutor's appeal is dismissed.

1. The defendant's judgment on the grounds of appeal has a record of criminal punishment several times due to a violation of the Road Traffic Act following a drunk driving or a refusal of measurement of alcohol, etc., which is disadvantageous to the defendant.

However, in light of the favorable circumstances of the Defendant, such as the motive and circumstance leading up to the instant crime, the circumstances before and after the instant crime, the Defendant’s age, character and conduct, the environment, occupation and family relation, etc., the lower court’s punishment (a fine of three million won) cannot be deemed unfair, and thus, it cannot be deemed that the Defendant’s punishment (a fine of three million won) is too unreasonable, and there is no substantial damage therefrom, and thus, the degree of the instant crime is relatively insignificant, and there is no history of punishment due to the violation of the Road Traffic Act (unlicensed Driving), and there is no history of punishment exceeding the fine due to the previous conviction.

2. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.