The judgment of the court below is reversed.

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

1. The main point of the grounds for appeal is that the sentence of one year and six months sentenced by the court below is too unreasonable.

2. In full view of all the sentencing conditions shown in the records and arguments including the fact that traffic accident occurred in the judgment of the court below and agreement with the victim of the traffic accident, and the fact that the error is divided, the sentence imposed by the court below on the defendant is unreasonable even if the circumstances unfavorable to the defendant, such as punishment records, are considered.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again.

Criminal facts

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

Application of Statutes

1. Article 152 subparag. 1 and Article 43 of the Road Traffic Act, Article 3(1) and the proviso to Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, Article 319(1) of the Criminal Act, Article 329 of the Criminal Act concerning criminal facts;

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

1. Violation of the Act on Special Cases concerning the Settlement of elective Traffic Accidents: The remainder of imprisonment without prison labor;

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of the recommended sentence

(a) Traffic crime [Determination of Punishment] Type 1 (Determination of Injury resulting from Traffic Accidents) (Determination of the area of recommendation] mitigated area (where minor injury has occurred, in the case of special mitigation factors), and repeated crimes of the same kind (special aggravation factors)] / January - six months;

B. Larceny crime [Determination of Punishment] Type 4 (Determination of Larceny), the basic area [Determination of the recommended area] [The scope of punishment by recommendation] from one year to two years.

2. Handling multiple crimes [Basic Crimes] thief [Scope of Recommendation] 1 year to 2 years, and 1. The maximum of the sentence range of recommendation for traffic crimes.