The prosecutor's appeal is dismissed.

1. Of the facts charged in the instant case, Article 154 subparag. 2 and Article 43 of the Road Traffic Act, which applies to the fact that the Defendant drives Oral Seas without obtaining a motorcycle driver's license, only provides for a fine not exceeding 300,000 won or penal detention. The lower court sentenced the Defendant to a suspended sentence of two years or an order to attend a lecture in June, and omitted the sentence of a fine. The lower court erred by omitting the fine prescribed in the crime of violation of the Road Traffic Act.

2. The defendant, without obtaining a driver's license, driven an Oral Sea while under the influence of alcohol with 0.221% of alcohol concentration, and the above violation of the Road Traffic Act and the violation of the Road Traffic Act (driving without obtaining a license) are in a regular concurrent relationship. The court below decided to punish the above two crimes as a crime of violating the Road Traffic Act (driving without obtaining a license) with heavier punishment pursuant to Articles 40 and 50 of the Criminal Act, and decided to punish the above two crimes as a crime of violating the Road Traffic Act (driving without obtaining a license). Thus, 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.