All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (the first instance judgment: imprisonment with prison labor for eight months and the second instance judgment: imprisonment with prison labor for six months) is too unreasonable.

(b)the sentence sentenced by the second instance court (six months of imprisonment) of the Prosecutor is too unhued and unreasonable;

2. We examine ex officio the grounds for appeal by the Defendant and the Prosecutor prior to the judgment on each of the grounds for appeal.

As the judgment of the court of first instance and the judgment of the court of second instance against the defendant, the defendant filed an appeal against the judgment of the court of second instance, and the prosecutor and the defendant filed an appeal against the judgment of the court of second instance, and the court of second appeal decided to consolidate the two appeals cases.

However, the judgment of the court of first instance and the judgment of the court of second instance are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court of second instance cannot be maintained as it is.

3. As such, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without omitting any determination of the unfair sentencing by the prosecutor and the defendant, and the judgment below is reversed in entirety, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to the corresponding column of each 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, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

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

1. The reason for sentencing of the sentencing of imprisonment with prison labor for the choice of punishment is that the defendant recognized each of the crimes of this case, and that the remaining support group of alcohol will be treated faithfully in the future.

It is favorable to the defendant.

However, the defendant from 2010 to 2012.