The judgment of the court below is reversed.

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

However, the period of two years from the date this judgment becomes final and conclusive.

1. The decision of the court below on the gist of the reasons for appeal (one year of imprisonment) is too unreasonable.

2. Before determining the reasoning of the Defendant’s appeal ex officio, the lower court applied Article 152 subparag. 1 and Article 43 of the Road Traffic Act with respect to the driving of a motor device bicycle without a license among the facts constituting the crime as indicated in the lower judgment, but Articles 154 subparag. 2 and 43 of the Road Traffic Act shall apply to the facts constituting the crime of driving a motor device without a license for a bicycle riding.

As can be seen, the above facts constituting an erroneous crime and the facts constituting an drinking driving as indicated in the judgment of the court below are in a mutually competitive relationship, and the remaining facts constituting an offense as stated in the judgment of the court below should be sentenced to one punishment in a concurrent relationship as stated in the former part of Article 37 of the Criminal Act. Thus, the judgment of the court below

3. In conclusion, the judgment of the court below is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant and his defense counsel's unfair assertion of sentencing, and the judgment of the court below is reversed and it is again decided as follows.

[Re-written judgment] The criminal facts of the defendant and the summary of the evidence recognized by the court are identical to each corresponding column of the judgment of the court below, except for the deletion of parts of the criminal history [criminal records], and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 360(1) of the relevant Act on the facts constituting an offense (a) of the same Act, Article 238(1) of the Criminal Act (a) (a point of misappropriation of official marks), Article 238(2) and the main sentence of Article 238(1) (a) of the Criminal Act, Article 148-2(1)1, and Article 44(1) of the Road Traffic Act (a) of the same Act, Article 154 Subparag. 2 and Article 43 of the Road Traffic Act (a point of drinking), Article 46(2)2 and the main sentence of Article 8 of the Act on the Guarantee of Automobile Compensation for Damages;

1. Trade name;