The prosecutor's appeal is dismissed.

1. The sentence (4.5 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. Determination is an unfavorable condition to the Defendant, such as the Defendant’s non-exclusive driving of the instant case on two occasions in a short period when the Defendant’s license was revoked due to drinking.

On the other hand, the fact that the defendant repents and reflects his mistake, that the defendant has no record of being punished in excess of the fine, and that there is no record of being punished due to driving without a license is favorable to the defendant.

In addition, when comprehensively taking into account all the sentencing conditions and the equality in the case where a judgment was rendered simultaneously with the final and conclusive judgment of the lower court, such as the Defendant’s age, sex, environment, circumstances after the commission of the crime, etc., the lower court’s punishment is too unfeasible and unreasonable.

Therefore, the prosecutor's above 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.