We reverse the judgment of the court below.

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

However, the period of three years from the date this judgment becomes final and conclusive.

1. The gist of the grounds for appeal is that each of the defendants appealed against the defendant on the grounds that the defendant's respective punishment (the first instance court: six months of imprisonment, two years of suspended execution and 40 hours of order to attend a course, two months of imprisonment, two years of suspended execution, and 120 hours of community service) declared by the court below is too unreasonable, and that the prosecutor appealed against the defendant on the grounds that the second instance court's punishment is too unfford and unfair.

2. We examine ex officio the appeal case against the judgment of the court below Nos. 1 and 2. The court tried together with the appeal case against the judgment of the court below of first instance, and the crime of each crime in the judgment of the court of second instance in the judgment of the court of first instance and the crime in the judgment of second instance in the judgment of the court of second instance are concurrent crimes under the former part of Article 37 of the Criminal Act, and should be punished as a single sentence within the scope of a punishment aggravated for concurrent crimes in accordance with Article 38(1) of the Criminal Act. In this regard, the

3. Accordingly, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act, and it is so decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is identical to each of the corresponding columns in the judgment 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 Road Traffic Act (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act 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 former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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, including the observation of protection and the order to provide community service and attend lectures, is against the Defendant’s confession of each of the instant crimes, and the distance of drinking and driving without a license, is not clear, and is heavier than the fine.