The prosecutor's appeal is dismissed.

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

2. Circumstances unfavorable to the judgment on the grounds of appeal: The defendant has a record of having received juvenile protective disposition several times for the same kind of crime.

A favorable normal condition: A defendant has no record of criminal punishment after he/she becomes an adult.

The sentencing criteria are not set for the crimes of violation of Road Traffic Act (driving) and the crimes of violation of Road Traffic Act (unlicensed driving) as shown in the present arguments and records, such as the age, character and behavior environment, drinking volume, background of the crime, circumstances after the crime, etc. of the defendant, including the above unfavorable circumstances, favorable circumstances, etc.

In full view of the above, it is not recognized that the sentence imposed by the court below is too unhutiled 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.