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

However, for a period of two years from the date this judgment becomes final and conclusive.

2. The crime of this case is deemed not to be less than the criminal liability of the defendant considering the following facts: (a) the defendant committed each of the crimes of this case in collaboration with her relatives, steals the victim's wallet while driving 0.066% under the influence of alcohol without a driver's license; and (b) the nature of the crime is not good; and (c) the defendant committed the special larceny of this case even though the juvenile protective disposition or suspended indictment was imposed due to special larceny in the past, the defendant is not less likely to commit the crime of this case; (d) the defendant led to confession and is against depth; (e) the damage is relatively minor; (e) the distance of the defendant driven under the influence of alcohol and the suspended indictment is less than 2 meters; (e) there is no record of criminal punishment other than the juvenile protective disposition and the suspended indictment; and (e) the defendant's age, character, environment, family relationship, criminal circumstances, and circumstances after the crime are considered to be too unreasonable. Therefore, the defendant'

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence are the same as the corresponding part 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. Relevant provisions of Article 331(2) and (1) of the Criminal Act for the crime concerned, Article 148-2(2)3 of the Road Traffic Act, Article 44(1) of the Road Traffic Act (the point of a sound driving) and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act for the crime;

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

1. Selection of imprisonment with prison labor for a crime of violation of the Road Traffic Act in the option of punishment;

1. Article 37 of the Criminal Code among concurrent crimes.