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 during the period of suspension of execution due to drinking or unlicensed driving.

However, in full view of the following circumstances: (a) the Defendant did not have been punished for driving without a license except for the above suspended sentence; (b) the Defendant’s age, sex, environment, family relationship; (c) motive, background, means, and consequence of the commission of the crime; and (d) there are no special circumstances or circumstances to change the sentencing of the lower court after the commission of the crime; and (c) 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.