A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

The defendant is a Chinese person who has entered the Republic of Korea for employment.

1. A theft: (a) around 01:50 on June 14, 2019, the Defendant: (b) discovered an EK5 car at the victim’s market price owned by the victim, which is parked in front of the “Dmi-gun” operated by the victim C, in a state where the door of the vehicle was not locked; and (c) used the key of the vehicle entering the said vehicle and driving the vehicle while driving the vehicle at the start, using the key of the vehicle located therein.

2. Around 01:50 on June 14, 2019, the Defendant driven the said E-5 vehicle under the influence of alcohol level of 0.143% without a vehicle driver’s license from a section of about 40km from the front of the said Dunused Road to the front road of the Gyeongbuk-gun, Gyeongbuk-gun, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to reports on detection of drivers, reports on the circumstantial statements of drivers, 112 reported cases, and inquiries about the details of driver's licenses;

1. Relevant Article 329 of the Criminal Act concerning the crime, Article 148-2 (2) 2, Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the crime;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);

1. Selection of each sentence of imprisonment;

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

1. On the grounds of suspended sentence under Article 62(1) of the Criminal Act, the sentencing factors indicated in the pleadings of the instant case, such as the Defendant’s age, environment, character and conduct, motive of the crime, means and consequence of the crime, etc., shall be determined by comprehensively taking account of the following circumstances.