We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for not more than ten months.

1. The decision of the court below (the first instance court: imprisonment with prison labor for 6 months and the second instance court: imprisonment with prison labor for 8 months) is too unreasonable.

2. The judgment of the court below was rendered to the defendant, and the defendant filed each appeal against the judgment of the court below, and this court decided to hold a joint hearing of each of the above appeal cases. Since each of the offenses against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below should be sentenced to one punishment pursuant to Article 38(1) of the Criminal Act, and the judgment of the court below cannot be maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, without examining the above argument by the defendant, on the ground that there is a ground for reversal ex officio as seen above, and the judgment below is reversed in entirety, and it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are identical to each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense (a point of driving without a license) and Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (a point of driving under influence of alcohol) of the same Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes appears to be against the defendant's wrong judgment, and the fact that there appears to be clear social ties between the defendant's family members and his/her branch members, such as the defendant's desire to support the defendant, is favorable to the defendant.

On the other hand, the defendant was sentenced two times of suspended execution due to the violation of the Road Traffic Act (unlicensed driving).