All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

1. The summary of the grounds for appeal each of the sentencing (the Defendant’s second instance judgment against the lower judgment, and the prosecutor’s first instance judgment against the lower judgment)

2. We examine ex officio the grounds for appeal prior to the judgment ex officio.

The Defendant filed an appeal against the lower judgment, and this Court decided to jointly deliberate on the two appeals cases.

Each crime of the first and second judgment against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, one sentence shall be imposed in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining each of the unlawful arguments of sentencing by the defendant and the prosecutor, on the grounds that the judgment of the court below is reversed ex officio, and it is again decided as follows.

[Grounds for the new judgment] The criminal facts and summary of evidence recognized by the court are identical to the corresponding column of each judgment below, and thus, they are cited 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. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes have the record of being punished several times due to the same type of crime, such as drinking, driving without a license, etc.

In particular, a person committed a crime of drinking or non-licensed driving during the period of suspension of imprisonment due to a crime of drinking driving (the first instance judgment), and a person again committed a crime of drinking or non-licensed driving after two days from the date of the first instance judgment of the relevant criminal trial (the second instance judgment). The alcohol concentration in blood during the period of drinking driving is 0.198% and 0.356%, which is considerably high.

However, the defendant is respectively.