We reverse the judgment of the court below.

The punishment of the accused shall be determined by eight months of imprisonment.

Summary of Reasons for appeal

(a) The sentence of the first instance judgment of the prosecutor (eight months of imprisonment, two years of suspended execution, observation of protection, and 120 hours of community service) is too uneased and unreasonable;

B. The punishment of Defendant 2’s decision on the judgment of the second instance (one-month imprisonment) is too unreasonable.

We examine ex officio the reasons for appeal by the prosecutor and the defendant prior to judgment.

This Court held that two appeals cases against the defendant are consolidated and tried by the two original judgments, and the crimes in the decision of each original court are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment shall be sentenced pursuant to Article 38 (1) of the Criminal Act. Thus, the original judgment cannot be maintained any more.

Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the above ex officio grounds for reversal of sentencing by the prosecutor and the defendant, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to the corresponding column of each judgment of the court below, and thus, they are quoted 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 (referring to driving under influence of alcohol) concerning the facts constituting an offense under the relevant provisions of the Act, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (referring to driving without a license);

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Act on Reduction of Small Quantity is that the defendant has already been punished several times due to drinking and non-licensed driving including a suspended sentence. In particular, on May 9, 2013, the defendant was sentenced to a suspended sentence of six months on the grounds of drinking and non-licensed driving on May 9, 2013, and committed the crime of drinking and non-licensed driving under the judgment of the first instance court during the suspended sentence, and the defendant was sentenced to a suspended sentence of two years on the grounds of the suspended sentence of six months, and committed the crime of drinking and non-licensed driving under the judgment of the second instance during the trial of the appeal.