The judgment of the court below is reversed.

The punishment of the accused shall be set forth in six months.

1. The sentence imposed by the lower court on the gist of the grounds of appeal is too unfilled and unreasonable.

2. On the other hand, the Defendant was punished several occasions due to drinking or non-licensed driving, and the Defendant was punished by a fine for driving under drinking again after having been sentenced to a two-year suspended sentence in June of the same crime on around the same day. However, the Defendant repeatedly committed the crime of driving under drinking or non-licensed driving.

In addition, when comparing the sentencing conditions as indicated in the records and arguments of this case and the reasons for sentencing of the judgment of the court below, the court below's sentence is unreasonable.

Therefore, the prosecutor's improper argument of sentencing is reasonable.

3. If so, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment below is ruled again after pleading.

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by this court is identical to each corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (1) 1, Article 44 (1) of the Traffic Act and Article 152 subparagraph 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for the mitigation of a small amount (see, e.g., circumstances in which the volume of drinking is not high);