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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On November 3, 2016, the Defendant sentenced 10 months to imprisonment with prison labor for larceny, etc. at the Gwangju District Court, and 2 February 2, 2017, each of the two months imprisonment with prison labor for property damage in the same court was provisionally released on August 14, 2017 and the parole period expired on September 12, 2017.
1. A thief: (a) around 14:0 on July 5, 2019, the Defendant: (b) opened a door that was parked in the roads B and C, and opened a door that was not corrected by the victim D owned by the victim D; (c) carried the door with a key posted at a kib and carried it onto the kib.
Accordingly, the Defendant stolen approximately 13 million won of the victim's cargo vehicle owned by the victim.
2. Around 14:00 on July 5, 2019, the Defendant driven E-Poter Cargo Vehicles without a driver’s license at a section of about 6 km from the 17:20 on the same day to the same city F and G road from the 17:20 on the same day.
3. Around 17:05 on July 5, 2019, the Defendant: (a) driven a E-Poter truck under the influence of alcohol of about 0.054% of alcohol content at approximately 17:20 meters from the street in front of the insular convenience store near the Heacheon-si in the same day; (b) around 17:20 on the same day; (c) around 5km-si F, and the front road of G.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement of I;
1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;
1. Comprehensive automobile taxes;
1. Registers of driver's licenses;
1. Previous convictions indicated in judgment: Criminal records, investigation reports (before repeated crimes of the same kind and attachment of judgment), and application of Acts and subordinate statutes concerning the status of personal confinement;
1. Relevant provisions of Article 329 of the Criminal Act, Article 148-2 (3) 3, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent crimes, the circumstances and the age, character and conduct of the defendant, as shown below the reasons for the sentencing in the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act, and their surroundings;