The prosecutor's appeal is dismissed.

1. The sentence of a fine of KRW 3 million imposed by the original judgment on the summary of the grounds for appeal is too unfasible and unreasonable.

2. In light of the fact that the defendant, who was sentenced to the suspended sentence of imprisonment due to driving without a license in 2011, had been sentenced to imprisonment for a total period of three times, even though he had been sentenced to the suspended sentence due to driving without a license in 2015, re-driving without a license during the period of suspended sentence due to a previous crime of violation of the Road Traffic Act which was sentenced in 2015, it is difficult to deny that the defendant needs to be sentenced more severe punishment

However, the circumstances such as the defendant's attitude to recognize and reflect the defendant's mistake, the fact that the defendant did not have any record of punishment for the same kind of crime after being sentenced to the suspended sentence due to driving without a license in around 2011, and that the defendant seems to faithfully implement the community service order and the matters to be observed of probation by the suspended sentence of the above drunk driving, should also be considered as important in determining the sentence against the defendant.

Considering the above circumstances and the overall circumstances such as the defendant's age, character and conduct, environment, criminal records, motive and circumstance, etc., the punishment sentenced by the court below is determined to be within the proper scope of sentencing discretion.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.