The judgment of the court below is reversed.

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

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. The fact that the Defendant committed the instant crime during the period of repeated crime, even though he had the record of punishment for the same crime, is disadvantageous to the Defendant, or that social relationship appears clear, such as the Defendant’s reflection of the crime, and the family to support the Defendant, and that the driving distance was relatively short is favorable to the Defendant.

Considering the above circumstances and the sentencing conditions indicated in the records, such as the Defendant’s age, occupation, sex, environment, family relationship, details and details of the crime, and the circumstances before and after the crime, the lower court’s punishment is deemed unfair.

Therefore, the defendant's above assertion is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking) of the Road Traffic Act concerning the facts constituting an offense, and Articles 152 (1) and 43 (the point of driving without a license) 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 35 of the Criminal Act for aggravated repeated crimes;

1. In light of the various circumstances examined in the determination of the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act, the punishment as set forth in the order shall be determined.