We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for not more than ten months.

1. The decision of the court below on the gist of the grounds for appeal (the first instance court: imprisonment with prison labor for four months and the second instance court: imprisonment with prison labor for eight months) is too unreasonable.

2. The judgment of the court below on the defendant's ex officio determination was rendered and the defendant filed an appeal, and this court decided to hold a joint trial on the above two appeals cases. Since the judgment of the court below on the defendant's respective offenses are concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed in accordance with Article 38 (1) of the Criminal Act, the judgment of the court below 1 and 2 cannot be maintained as they are.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair assertion of sentencing, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as stated in the corresponding column 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 152 subparag. 1, Article 43 of the Road Traffic Act (unlicensed Driving) concerning the facts constituting an offense, Article 360 subparag. 1 of the Criminal Act (the point of embezzlement of deserted articles in possession), Article 148-2 subparag. 3, and Article 44(1) of the Road Traffic Act (the point of drinking), Article 230 of the Criminal Act (the point of non-use of official document) concerning the facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

1. The reason 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 is that the defendant was punished for driving without a license or driving under drinking, and that the defendant was punished for an unlawful uttering of official document presented to the police officer controlling traffic's driver's license two times, and that the defendant was repeated even during the period of probation, and the defendant's age, sex behavior, environment, motive, motive, means and consequence of the crime, and the circumstances after the crime are all other relevant.