The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The sentence of the court below against the defendant in the summary of the grounds for appeal is too unreasonable.

2. The court below's decision should be strictly punished in light of the defendant's history and circumstances after the crime, etc., as stated in detail in the first to eighth of the reasons for sentencing of the judgment below. However, it appears that the defendant recognized the crime and detained for about two months, and the father of the defendant seems to have made many efforts to lead the defendant, such as selling the vehicle in this case to prevent the recidivism, and taking into account other circumstances that form the conditions for sentencing specified in this case, such as the defendant's age, character and behavior, environment, family relationship, and circumstances after the crime, the court below's punishment is somewhat inappropriate, and thus, the defendant and his defense counsel's allegation of unfair sentencing is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the suspended execution (average circumstances in favor of the grounds for reversal of this case);

1. Order to attend lectures under Article 62-2 of the Criminal Act;