The prosecutor's appeal is dismissed.

1. The lower court’s sentence (five million won of a fine) against the Defendant as to the summary of the grounds for appeal is unreasonable as it is too unhued.

2. The Defendant has been punished several times for violating the Road Traffic Act (unlicensed Driving) and the Guarantee of Automobile Accident Compensation Act, such as the instant crime.

The Defendant is sentenced to three years of suspension of the execution of one year of imprisonment for the violation of the Road Traffic Act (unlicensed Driving), etc., and is likely to be subject to criticism in that the Defendant again committed the instant crime within five months after the said judgment became final and conclusive on June 22, 2018.

On the other hand, the defendant is going to not commit the crime of this case in accordance with the awareness and depth.

In this case, if the defendant is sentenced to imprisonment and the sentence is finalized, the above suspension of execution should be invalidated and a year should be additionally returned to the defendant, which seems to be harsh to the defendant, and the family's livelihood will be very difficult if the defendant is detained because the defendant raises his child due to negligence.

In addition, comprehensively taking account of all the sentencing conditions shown in the argument of this case, including the Defendant’s age, family relationship, and criminal history, the lower court’s punishment is too uneasible and unreasonable.

Therefore, the prosecutor's assertion of unfair sentencing 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 ground that it is without merit. It is so decided as per Disposition.