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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. On March 19, 2017, from around 03:45 to around 04:15 on the same day, the Defendant: (a) driven a e 2.5 ton of the market price owned by the victim D (52 tax) who was parked on the street in front of the C cafeteria located in the G Dolbuk-gun, Chungcheongnam-gun; (b) 5 million tons of the market price owned by the victim D (52).
Accordingly, the defendant stolen the victim's property.
2. Violation of the Road Traffic Act (unlicensed Driving) provided that the Defendant driven a 2.5 metric metric car without obtaining a license from the section to the parking lot adjacent to the village hall, at the center located adjacent to the center located adjacent to the 30-3, in the center of the 30-3 in the center of the Gyeongdong-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, North Korea, in a temporary place, as described in paragraph 1.5 tons.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. The driver's license ledger;
1. Application of statutes on site photographs;
1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime (a point of section 329 of the Criminal Act), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, the selection of imprisonment with prison labor;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. The reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence is that the defendant, while drunkly driving a motor vehicle during the period of license suspension due to drinking, has returned the motor vehicle to the victim due to the theft of another person, the defendant has no previous conviction other than one fine, and the defendant has committed a crime late and late, taking into account the favorable circumstances such as the defendant's age, sexual conduct, environment, motive and circumstance of the crime, and other various reasons indicated in the arguments of this case, such as the defendant's age, sexual conduct, motive and circumstance of the crime, and the circumstances after the crime