The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (two million won in penalty) is too unhued and unreasonable.

2. Even before the instant crime was committed, even if the Defendant had been subject to criminal punishment on three occasions due to driving without a license (one time a suspended sentence and two times a fine), it is not easy for the Defendant to commit the instant crime and the quality of the instant crime is weak.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and is against the Defendant; (b) the Defendant was merely driving without a license; and (c) the Defendant appears to have obtained a driver’s license after the instant crime; and and (d) other circumstances constituting the conditions for sentencing as indicated in the instant case, such as the Defendant’s age, sex, environment, family relationship, and circumstances after the instant crime, the lower court’s punishment is too uneasible and thus, it is deemed unfair; and

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 prosecutor's appeal is without merit. It is so decided as per Disposition.