The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal in this case concerning the crime of violating the Road Traffic Act (unlicensed Driving) from among the facts charged in this case, only the selective fine or the penal detention shall be provided for in subparagraph 2 of Article 154 of the Road Traffic Act, and the punishment of this kind shall be imposed concurrently in accordance with Article 38 (3) 3 of the Criminal Act in

Nevertheless, the judgment of the court below which only sentenced the defendant to imprisonment and did not impose a fine concurrently is erroneous by misapprehending the legal principles or unfair sentencing

2. The judgment light, and the defendant driven otoba while under the influence of alcohol 0.261% without a motorcycle driver's license, and the above violation of the Road Traffic Act and the violation of the Road Traffic Act (driving without a license) are in a commercial concurrent relationship. The court below decided to punish the above two crimes as a more severe violation of the Road Traffic Act (driving without a license) pursuant to Articles 40 and 50 of the Criminal Act, and decided to punish the above two crimes as a more severe violation of the Road Traffic Act (driving without a license) and so there is no ground to impose a fine on the defendant separately.

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 ground that it is without merit. It is so decided as per Disposition.