The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

1. The decision of the court below on the summary of the grounds for appeal (one year and two months of imprisonment) is too unreasonable.

2. In light of the judgment, the defendant was punished for drunk driving, and the defendant was engaged in drunk driving only for four months, and the blood alcohol level of the defendant was high at the time, and the crime of larceny was committed even though he was tried due to the crime of drunk driving in this case. The defendant's compliance consciousness seems to be very weak, and the circumstances are disadvantageous to the defendant.

However, the court below's punishment is somewhat inappropriate in light of the following circumstances: (a) the defendant has recognized all of the crimes in this case; (b) there is no criminal history that exceeds the fine against the defendant; (c) the damaged goods of larceny were returned to the victim; and (d) the fact that the defendant was relatively old and some of the circumstances that can be considered in the living environment are favorable to the defendant; and (d) the court below's overall sentencing conditions in the arguments in this case, including the defendant's age, character and behavior, environment, motive, means and consequence of the crime; and (e) the circumstances after the crime.

Therefore, the defendant's argument is justified.

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

[Discied reasoning of the judgment below] 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 below. Thus, it is acceptable in accordance with Article 369 of

Application of Statutes

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, and Article 329 of the Criminal Act concerning the facts constituting the crime;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act with heavier punishment for larceny;