The judgment of the court below is reversed.

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

The gist of the grounds for appeal by the defendant is that the punishment imposed by the court below (one year of imprisonment) is too unfair, and thus, it seems that the suspended sentence of one year of imprisonment with prison labor for the instant punishment would be invalidated, and other circumstances that form the conditions for sentencing specified in the instant case are considered, and thus, the above argument is reasonable, since the sentence imposed by the court below against the defendant is unreasonable.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. A violation of relevant provisions of the Traffic Act concerning criminal facts: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43;

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

1. Selection of imprisonment with prison labor chosen;

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