The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. Determination is an unfavorable circumstance to the Defendant that the Defendant had been punished several times, including a suspended sentence, due to a traffic-related crime, such as drinking driving, and that the Defendant committed the instant crime during the suspended period due to drinking driving.

On the other hand, the fact that the defendant has no record of punishment due to driving without a license, the social relationship of the defendant seems to be relatively clear, and the fact that the defendant is in the position to support his family is favorable to the defendant.

Considering the above circumstances and other factors, comprehensively taking into account the sentencing conditions indicated in the records, such as the Defendant’s age, sex, environment, family relationship, motive for committing a crime, and circumstances after committing a crime, it is difficult to deem the lower court’s punishment to be too unfortunate and unfair.

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.