The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. Determination is recognized that the Defendant had the same criminal record on three occasions due to driving without a license (the fine of 2014, the fine of 2015, the suspended sentence of imprisonment of 2016), and that the instant crime was committed during the period of the suspended sentence.

However, the previous conviction in 2016 seems to be punished by the suspension of the execution of imprisonment due to drinking driving, accident-free driving, and escape vehicle in addition to the unlicensed driving.

Finally, it is reasonable to give the defendant an opportunity to open.

In full view of the above circumstances and the Defendant’s age, sexual conduct, 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 unfair because it is too uneasible 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.