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. On May 28, 2015, the fact that the Defendant had already been sentenced to three times or more due to a licenseless driving, and in particular, on August 28, 2015, the Daegu District Court sentenced the Defendant to a suspended sentence of three-year imprisonment for a violation of the Road Traffic Act (unlicensed driving) and a violation of the Road Traffic Act (drinking driving), the Defendant again committed the instant crime while he was under the suspended sentence of three years is disadvantageous to the Defendant.

However, in full view of all the sentencing conditions indicated in the record, such as the Defendant’s age, sex, environment, occupation, and circumstances after the crime, the lower court’s punishment is too unfeasible, and thus is not deemed unfair, in so doing, even if it is deemed unfair in light of the following: (a) the driving distance is less than 50 meters; (b) the driving distance is less than 50 meters; and (c) there is no traffic accident; and (d) the traffic accident occurs.

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