The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is unreasonable because the sentence (3 million won in penalty) imposed by the court below on the defendant is too unfasible.

2. The Defendant’s repeated act of committing the instant crime is disadvantageous to the Defendant, since three months have not elapsed since the Defendant was sentenced to a fine of KRW 3 million due to driving without a license or driving under drinking.

However, it is necessary to respect the judgment of the court below on the ground that there is no change in the conditions of sentencing compared to the court below because new sentencing materials have not been submitted at the court below. In full view of the circumstances and result of the crime of this case, the circumstances after the crime of this case, the character and conduct of the defendant, the environment and age of the defendant, and other various circumstances, which are the conditions of sentencing as shown in the records and arguments of this case, the sentencing of the court below is too unreasonable.

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.