A defendant shall be punished by imprisonment for not less than eight months.

2. Considering the fact that the accused committed the instant crime again during the period of suspension of the execution of the same kind of crime even though he/she had been tried for the same kind of crime, strict punishment against the accused is required.

However, considering the defendant's age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, the court below's punishment against the defendant is too excessive and unfair, so the defendant's above assertion is justified. The above argument by the defendant is justified. The defendant's above opinion is justified, since the defendant's punishment against the defendant is too unreasonable, in consideration of the defendant's age, sex and environment, motive, means and consequence of the crime, and other conditions of sentencing specified in the argument in this case.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;