The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the sentence (five million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. The Defendant had a record of being punished twice due to driving without licenses, and even during the period of repeated crime due to driving without licenses, etc., the Defendant was driving without licenses of this case.

However, the criminal conviction of the above repeated crime, which was punished by the defendant, seems to be due to the fact that the risk of injury to the victim was realized due to a traffic accident during the driving of alcohol, and the previous unauthorized driving of the same kind of driver's license has passed since 2010.

In full view of the above circumstances and other circumstances, the Defendant’s age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be too unfeasible and unfair.

Therefore, prosecutor's assertion is without merit.

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.