The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the period of one year from the date this judgment becomes final and conclusive.

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unfluent and unreasonable.

2. We examine ex officio prior to judgment on the grounds for ex officio appeal.

Each of the crimes of this case is a crime falling under Article 148-2 (2) 3, Article 44 (1) and Article 152 (1) and Article 43 of the Road Traffic Act, and the statutory penalty is imprisonment for not more than six months or a fine not exceeding three million won, or a fine not exceeding three million won, or a fine not exceeding one year or a fine not exceeding three million won. Since the crimes of violation of the Road Traffic Act and the violation of the Road Traffic Act (non-licenseless driving) are in an ordinary competition relationship, if the punishment is selected to be imposed on the crimes of violation of the Road Traffic Act (non-licenseless driving), the statutory penalty is a fine not exceeding three million won.

Nevertheless, the lower court sentenced a fine of KRW 5 million exceeding the statutory penalty, so the lower judgment was no longer maintained.

3. The judgment of the court below is reversed in accordance with Articles 364(2) and 364(6) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed, and the following is again decided after pleading.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (2) 3, Article 44 (1) (the point of drinking), Article 152 (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 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, was sentenced to a fine in the year 2016 due to a violation of the Road Traffic Act (e.g., death or injury caused by danger), committed the instant crime again.