A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[criminal power] On February 7, 2013, the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for larceny, etc. on September 5, 2013, and was revoked on September 5, 2013. On December 11, 2013, the Defendant was sentenced to two years of imprisonment with prison labor for larceny, etc., and the execution of the final sentence on November 14, 2017.

【Criminal Facts】

1. Around 01:00 on December 7, 2018, the Defendant illegally used a motor vehicle: (a) opened a driver’s seat of the freight truck owned by the victim C and used the key inside the vehicle to run the said cargo vehicle; (b) driven the said cargo vehicle at a distance of approximately 2.5 km from the front of the community hall of all Myeon-gun E-Gun.

Accordingly, the defendant used the cargo vehicle owned by the victim temporarily without the consent of the victim.

2. Around 01:00 on December 7, 2018, the Defendant driving a DNA cargo vehicle without obtaining a driver’s license from a distance of 2.5 km from the front of the front of the front of the front of the west-gun, Chungcheongnam-do to the front of the village hall E-gun, Chungcheongnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared by C;

1. Investigative into the details of driver's licenses and chassis;

1. Evidentiary photographs;

1. Previous records of judgment: Application of statutes, such as judgment, confinement and inquiry, and criminal records;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 331-2 (Unlawful Use of Motor Vehicles and Selection of Imprisonment), 152 subparagraph 1 and 43 (Unlicensed Driving and Selection of Imprisonment) of the Road Traffic Act;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (only to the extent that the punishment is more severe than that provided for in the crime of unlawful use of motor vehicles) appears to be contrary to the recognition of the crime by the defendant. The victim of the crime of unlawful use of motor vehicles does not want the punishment against the defendant by mutual consent with the victim.