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. The Defendant has been subject to three times punishment due to driving under drinking (two times a punishment, one time a suspended sentence), and in particular, the Defendant committed the instant crime with approximately three months since the suspended sentence due to driving under drinking became final and conclusive, and there are unfavorable circumstances to the Defendant.

However, the fact that the defendant recognizes and reflects the crime of this case, the crime of this case is limited to a mere unauthorized driving, and the defendant does not repeat again in the future.

C. In full view of various circumstances, such as the Defendant’s age, environment, sexual conduct, motive for the crime, and circumstance before and after the crime, the lower court’s punishment is too uneasible and unfair, in light of the following: (a) the Defendant was disposed of at the time of the instant case; (b) the place of residence was directors near the company; (c) the Defendant’s mother desires to take the lead of the Defendant; and (d) there is no special circumstance or change of circumstances that may be newly considered in the trial; and (e) there is no other special circumstance or circumstances that are the conditions for sentencing in the instant records and pleadings

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.