The prosecutor's appeal is dismissed.

1. With respect to the crimes violating the Road Traffic Act (unlicensed driving) among the facts charged in the instant case, subparagraph 2 of Article 154 of the Road Traffic Act provides only a fine in the form of multiple-choice form or penal detention, and in the case of sentence of this kind, the punishment shall be imposed concurrently in accordance with Article 38 (3) 3 of the Criminal Act;

Nevertheless, the judgment of the court below which sentenced only the defendant to imprisonment and did not impose a fine is erroneous in the misapprehension of legal principles.

2. The summary of the facts charged of this case is that the defendant drives a motor bicycle without a driver's license on September 4, 2016 (Article 154 subparagraph 2 of the Road Traffic Act applies to a person who drives a motor bicycle without a driver's license on September 4, 2016 (Article 2 subparagraph 19 (a) of the Road Traffic Act) and a fine not exceeding 125cc for violation of the Road Traffic Act (Article 154 subparagraph 1 of the Road Traffic Act) and Article 43 of the Road Traffic Act (Article 154 subparagraph 2 of the same Act applies to a person who drives a motor bicycle without a driver's license on September 4, 2016). Accordingly, the statutory penalty for violation of the Road Traffic Act is imprisonment with prison labor for not less than 1 to not more than 3 years or for not more than 1,000 but not more than 1,000 won and a fine not exceeding 1,000 won for violation of the Road Traffic Act (Article 18 (1) of the Road Traffic Act).