The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too inappropriate.

B. The lower court’s sentencing is too uncomfortable.

2. Considering the fact that the nature of the instant crime is not significantly good, and that the Defendant again committed the instant crime even though he had the same criminal record, strict punishment against the Defendant is necessary.

However, in light of the fact that the defendant's mistake is divided in depth, that the defendant has additionally agreed with some victims in the trial, and that the defendant's age, sex and environment, motive, means and consequence of the crime, and circumstances after the crime, etc., the court below's punishment is too unreasonable. Thus, the above argument by the defendant is reasonable, and the prosecutor's above argument is without merit.

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 below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 subparag. 2, Article 44(1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparag. 1, and Article 43 of the Road Traffic Act (the point of driving without a license), Article 3(1), the proviso to Article 3(2)7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 239(1) of the Criminal Act (the point of operating duties and negligence), Article 239(2) and 239(1) of the Criminal Act (the point of signing the above investigation), Article 2(2)3 of the Criminal Act, Article 257(1) of the Punishment of Violences, etc. Act (the point of exercising the above investigation), Article 257(1) of the Criminal Act (the point of joint injury) and Article 257(1)7 of the Criminal Act (the point of joint injury)

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

1. A crime of violating the Traffic Act on the selective road traffic;