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. In light of the fact that the Defendant, prior to the instant crime, was punished for driving without a license on one occasion even before the instant crime, and was found to have been investigated by driving without a license on one occasion, and driving a vehicle without obtaining a driver’s license again, the Defendant’s liability for the crime is not easy.

However, in full view of the various circumstances that are favorable to the defendant, such as the defendant's age, environment, motive and circumstance of the crime, and circumstances after the crime, etc., it is difficult to evaluate that the court below's sentence which sentenced the upper limit of the fine, among the statutory punishment for the crime of violating the Road Traffic Act (unlicensed driving), is too excessive 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.