The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the above punishment for a period of one year from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal: The punishment (4 million won in penalty) that the court below rendered in an unfair sentence for sentencing is too uneasy and unreasonable.

2. Before the judgment on the grounds of appeal by the prosecutor ex officio, each of the instant crimes is an offense falling under Articles 148-2(2)3, 44(1), and 152 subparag. 1 and 43 of the Road Traffic Act, and the statutory penalty is imprisonment for not more than six months or a fine not exceeding three million won, or a fine not exceeding one year or a fine not exceeding three million won, and the offense of violation of the Road Traffic Act (driving) and the offense of violation of the Road Traffic Act (unlicensed driving) are in a mutually competitive relationship, and thus, the statutory penalty is a fine not exceeding three million won.

Nevertheless, the lower court sentenced a fine of KRW 4 million exceeding the statutory penalty, so the lower judgment was no longer maintained.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed, 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 each corresponding part of the 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 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

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 recognized the crime of this case and reflects the fact that the distance of the defendant's driving is relatively short, etc.