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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On January 24, 2003, the Defendant was sentenced to a suspended sentence of 10 months by imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Daegu District Court. On June 4, 2008, the Defendant was sentenced to a suspended sentence of 2 months by imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Daegu District Court.

【Criminal Facts】

1. Around 04:00 on April 16, 2014, the Defendant acquired stolen goods under the name of 300,000,000 won among them, under the pretext that the Defendant was aware that cash owned by the victim D was stolen by C in his/her own car and used for his/her dental treatment in awareness of the fact that it was stolen.

2. A person who has violated Article 44(1) of the Road Traffic Act at least twice, and the Defendant driven a eM520-car under the influence of alcohol content of about 300 meters from the parking lot in the Sungdong-dong Hyundai Hospital at the time of Sungdong-si to the front road of the same restaurant at the same time on July 25, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against D or C;

1. Statement to C by the police;

1. A written request for appraisal;

1. A report on detection of each host driver;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (including confirmation of criminal records of the same kind and accompanying materials) and other Acts and subordinate statutes;

1. Relevant Article of the Criminal Act, Article 362 (1) of the Criminal Act (the acquisition of stolens), Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of sound driving) of the Road Traffic Act, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decisions 201Do111, Jan. 1, 201>

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act regarding community service order;