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. On June 1, 2016, the Defendant committed the instant crime without being aware of the fact that the judgment became final and conclusive on June 9, 2016 and conclusive on June 1, 2016, when he/she was sentenced to a suspended sentence of two years, to a probation order of two years, to a probation order of two years, to a probation order of two years, and to a community service order of 100 hours.

The defendant has been punished four times (one time a suspended execution, three times a fine) due to drinking driving or non-licensed driving.

The favorable circumstances shows the attitude of the defendant to recognize and reflect the crime of this case.

In the instant crime, drinking or traffic accident was not accompanied by the pertinent crime.

The sentencing criteria are not set for crimes violating Road Traffic Act (unlicensed driving), which include the above unfavorable circumstances, favorable circumstances, the defendant's age, character and character environment, the motive and consequence of the crime, the circumstances after the crime, etc. of this case, and all the kinds of sentencing conditions indicated in the records.

Considering B, it is not recognized that the sentence imposed by the court below is too unhued and 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.