All judgment of the court below shall be reversed.

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

However, for 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 (the decision of the court below is inappropriate because the sentence of the court below is too inappropriate for the following reasons: two years of the suspended sentence of June, 80 hours of community service, 40 hours of lectures to comply with law, 2 years of the suspended sentence of June, 80 hours of community service, 80 hours of social service, and 40 hours of lectures to comply with law).

2. The judgment of this court ex officio rendered a concurrent hearing of each appeal against the judgment below. Since each of the offenses of the judgment below is concurrent crimes under the former part of Article 37 of the Criminal Act, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act.

The judgment of the court below cannot be maintained in its entirety.

3. The judgment of the court below is reversed ex officio, and 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 argument of sentencing, and it is again decided after pleading.

[Re-written judgment] The same as the relevant column of the lower judgment’s judgment on criminal facts and summary of evidence.

Application of Statutes

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 152 subparag. 1, and Article 43 of the Road Traffic Act concerning criminal facts; Article 3(1) and proviso to Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents; Article 268 of the Criminal Act concerning criminal facts;

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

1. Selection of a sentence of imprisonment without prison labor for a crime of violation of traffic laws at an option of a sentence, and a crime of violation of traffic laws at each road, and a sentence of imprisonment without prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has been punished several times for drinking and the same crime of driving without a license.

In particular, the first drinking of this case and the unauthorized driving of this case are low.