Defendant shall be punished by imprisonment for a term of one year and four months.

2. In light of the developments and contents of each of the instant crimes, particularly the fact that multiple crimes were repeatedly committed within a short period after release, including juvenile protective disposition, repeated “unlicensed driving” including juvenile protective disposition, and drinking water (0.120%) is not low, changes in social awareness about drinking driving, and the punishment regulations have been significantly strengthened since June 25, 2019, etc., there is a great need to punish the Defendant.

However, on the other hand, the sentencing of the court below, which sentenced the defendant one year and six months of imprisonment, is somewhat inappropriate in light of the following: (a) the defendant led to confession of all the crimes in this case and reflects his mistake; (b) the victim AP in the case of 2020 order 2231 of the court below's judgment which has agreed to pay the full amount of the repair cost; (c) the circumstances after the crime were committed; and (d) the defendant's age, occupation, family relationship, economic form, and other various conditions of sentencing as shown in the records and arguments.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded.

[Discied Judgment] Criminal facts and summary of evidence recognized by the court are all the same as that of each corresponding column of the judgment of the court below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Illegal use of a relevant statutory motor vehicle, etc. for committing a crime: Violation of the provisions of Article 331-2 of the Criminal Act: Violation of the provisions of Article 148-2 (3) 2 and Article 44 (1) of the Road Traffic Act: Violation of the provisions of subparagraph 1 of Article 152 of the Road Traffic Act: Violation of special larceny under Articles 331 (2) and 43 of the Criminal Act: Violation of attempted special larceny under Articles 331 (2) and 331 (2) and (1) of the Criminal Act: Violation of the provisions of Article 329 of the Criminal Act: Violation of assault under Article 260 (1) of the Criminal Act: Violation of the damage of property under Article 366 of the Criminal Act.