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. Although the Defendant had been punished for three times due to drinking driving, the fact that the Defendant was driving without the instant license is disadvantageous to the Defendant.

However, in full view of the circumstances favorable to the defendant, such as the fact that the defendant repents and reflects his mistake, the defendant has no record of being punished in excess of a fine due to drinking driving, and there is no record of being punished due to driving without a license, and all of the sentencing conditions indicated in the instant case, such as the defendant’s age, sex, environment, circumstances of the crime, and circumstances after the crime, it is not recognized that the lower court’s punishment is too uneasible and unfair.

Therefore, the prosecutor's above assertion is without merit.

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.