The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the sentence (4 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. Although the Defendant had been subject to punishment twice for the same kind of crime in 2016, he again committed the instant crime.

However, the defendant again does not drive without a license.

There are many things.

The defendant has no record of crime other than the fine imposed by driving without a license.

In addition, considering the circumstances surrounding the Defendant’s age, sex, environment, motive, means and consequence of the crime, etc., as well as the circumstances favorable to or unfavorable to the Defendant, and the reasons for sentencing of the lower judgment, considering the following factors, the lower court’s punishment is too uneasible and unreasonable even if the Prosecutor claims on the grounds of appeal, considering various circumstances asserted by the Prosecutor.

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.