The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The court below erred by misapprehending the legal principles on the suspension of the execution of imprisonment without prison labor, even though Article 154 subparag. 2 and Article 43 of the Road Traffic Act only provides that a person who violates the provisions of Article 154 subparag. 2 and Article 43 of the Road Traffic Act for bicycle riding

B. The sentence of the lower court’s unfair sentencing (ten months of imprisonment, two years of suspended sentence, and forty hours of lecture of compliance driving) is too uncomfortable and unfair.

2. Determination

A. The defendant's act of driving under the influence of alcohol without obtaining a driver's license is a single driving under the social concept.

As such, the crime of violation of the Road Traffic Act and the crime of violation of the Road Traffic Act (non-licenseed driving, etc.) are conceptual concurrence under Article 40 of the Criminal Act (see, e.g., Supreme Court Decision 86Do2731, Feb. 24, 1987). Under Article 40 of the Criminal Act, the lower court selected imprisonment for a crime of violation of the Road Traffic Act (non-licenseed driving) and a crime of violation of the Road Traffic Act (non-licenseed driving), which are more serious crimes, among the crimes of violation of the Road Traffic Act (non-licenseed driving) under Article 40 of the Criminal Act and the crimes of violation of the Road Traffic Act (non-licenseed driving), and then did not impose a fine concurrently on the defendant.

Even if there are no errors in the misapprehension of legal principles.

B. The Defendant committed the instant crime that causes a traffic accident while operating a motor device with no mandatory insurance without a license even though the Defendant had been punished for driving without a license in the past. The Defendant’s negligence on the occurrence of the instant accident is disadvantageous to the Defendant.

On the other hand, the defendant reflects his mistake, claims the medical expenses and repair expenses of the insurance company to which the victim joined, and the defendant.