The prosecutor's appeal is dismissed.

1. The sentencing of the lower court (one million won in 3 million won) on the gist of the grounds of appeal is deemed unfair because it is too uneasible.

2. The Defendant committed the instant crime by driving alcohol during the suspension period.

However, in full view of the various circumstances that are conditions for sentencing, including the Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, including the fact that the Defendant had no record of having been punished for driving without a license for the last ten years, and that there is no special change in circumstances or circumstances to change the sentencing of the lower court after the crime, the sentencing of the lower court is not unfair.

3. The appeal by the prosecutor of the conclusion is without merit, and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.