The prosecutor's appeal is dismissed.

1. The decision of the court below on the summary of the grounds for appeal (3,000,000 won in penalty) is too unfluent and unreasonable.

2. The judgment of the Defendant had a record of having been punished several times due to drinking driving, and even during the suspension of the execution of imprisonment, the Defendant committed the crime of driving the instant non-licenseed truck with a 2.5 tons dump truck at the lower (15:44).

In light of the circumstances of these crimes, it is also necessary to punish the defendant with severe punishment.

However, the court below determined that the defendant led to a confession, reflects against himself, and does not repeat again.

In consideration of the circumstances such as the situation, the defendant was sentenced to a fine of KRW 3,000,000.

When comprehensively considering the conditions of sentencing in the trial and the statutory penalty in the trial, the sentencing of the court below exceeded the reasonable bounds of its discretion.

There is no circumstance to find out that the lower court’s maintenance of sentencing is unfair or that it is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Accordingly, the prosecutor’s sentencing and light judgment cannot be accepted.

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.