A defendant shall be punished by imprisonment for not more than ten 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

1. On December 3, 2013, the Defendant discovered that the vehicle was parked at the ground parking lot in front of the 106-dong Sinsan-dong Forest Village 106-dong, Yongsan-gu, Yongsan-gu, Sinyang-si, with a key at 12 million won at the market price owned by the victim C, and stolen the vehicle by driving the vehicle.

2. The Defendant violated the Road Traffic Act (refluence of the noise measurement) as stated in paragraph (1) of this Article, while driving a stolen D SP car from the place indicated in paragraph (1) to the third complex of the apartment complex in the same village, the Defendant was required to comply with the measurement of alcohol by inserting the breathm in a manner of inserting the breathm for about 20 minutes from around 03:57 of the same day to around 04:20 minutes of the same day on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol because the Defendant’s speech and behavior was heeped and hicked, and the snow and face color was red.

Nevertheless, the defendant did not comply with a police officer's request for sobage measurement without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to written reports on running a driver;

1. Relevant legal provisions concerning criminal facts, Article 329 of the Criminal Act, Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act (a point of refusal of measuring a noise level) of the Road Traffic Act, and choice of imprisonment with prison labor;

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (limited to the aggravation of concurrent crimes with the punishment heavier than that prescribed for larceny, but the lowest sentence shall be the punishment prescribed for the violation of the Road Traffic Act);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (the consideration that the victim of a vehicle has not been punished by the defendant and the damage caused by theft has not been incurred);

1. The fact that Article 62 (1) of the Criminal Act is against the defendant and his family, branch, etc. are against the defendant's edification, and that it is beyond the suspension of execution.