We reverse the judgment of the court below.

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

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable that each sentence (the first instance court: imprisonment with prison labor for 4 months and the second instance court: imprisonment with prison labor for 6 months) that the court below sentenced to the defendant is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, this Court tried by combining each appeal case against the judgment below. Each of the offenses at the time of the decision of the court below is a concurrent offense under the former part of Article 37 of the Criminal Act, and should be punished as a single sentence within the scope of the term of punishment increased by concurrent offenses in accordance with Article 38(1) of the Criminal Act. Therefore, the judgment of the court below is no longer maintained in this respect.

3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair assertion of sentencing, since there are grounds for reversal of the above authority, and it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, it is acceptable to accept it 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 Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 3 (1) and the proviso to Article 3 (2) 7 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning the facts constituting an offense;

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

1. Determination of punishment for any crime of violating the Traffic Act (unlicensed driving) at the option of punishment, shall be sentenced to imprisonment, and a sentence of imprisonment without prison labor for the violation of the Act on Special Cases

1. The fact that each of the crimes of this case was committed during the suspension period of execution due to a violation of the Road Traffic Act (unlicensed driving) even though the defendant had a single criminal record in the sentencing period under the former part of Article 37, Article 38(1)2, Article 38(2), and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, is disadvantageous to the defendant.

On the other hand, the defendant committed the crime of this case.