The prosecutor's appeal is dismissed.

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The fact that the defendant was not well aware of the crime of this case during the suspension period of the execution due to drinking or driving without a license is disadvantageous to the defendant.

However, in full view of all the sentencing conditions indicated in the records, including the Defendant’s age, sex, environment, occupation, and circumstances after the crime, the lower court’s punishment is too uneasy and is not recognized as unfair, in so doing, considering the following: (a) the Defendant committed an offense; (b) the Defendant did not repeat the offense; (c) the Defendant acquired the driver’s license for a motor vehicle; (d) the history of punishment for driving without a license is limited to one time; and (e) the traffic-related crimes have not been

3. The prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit. It is so decided as per Disposition.