A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 22, 2016, the Defendant was sentenced to a summary order of KRW 3 million for a violation of road traffic law (unlicensed driving) in the Changwon District Court's Jinwon District Court's Jin, and eight times the record of punishment for non-licensed driving was imposed on eight occasions.

1. On May 30, 2017, the Defendant: (a) driven C cargo vehicles owned by the Defendant without the driver’s license from the front side of the Gyeongnam apartment commercial building located in the Gyeongcheon-si, Gyeongcheon-do, 15-31, located in the 2-lane 15-31, Seocheon-si, Gyeongcheon-si, Seoul; (b) from the front side of the Gyeongnam apartment commercial building located in the 2-lane 15-31, 2017, to the front side of the said 5-km apartment commercial building.

2. A thief, around 07:20 on the same day, the Defendant stolen the thief by placing them in the above thief in a separate collection place for the above flaf village, and in a total of 50,000 won at the market price owned by the victim D, flade, odor, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. On-site photographs;

1. A photograph of a CCTV course;

1. The driver's license register (the defendant was unaware of the property's identity);

However, in light of the fact that the place of crime is the place of collecting recyclables of multi-family housing; the place of collecting recyclables is determined by the manager; the manager classifys and disposes of recyclables; and the damaged goods are classified as the necessary hearing among the recycleds and stored at one place, the Defendant seems to have been aware of the identity of the goods.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Article 152 subparagraph 1 of the Road Traffic Act and Article 152 of the same Act concerning selective punishment, Article 43 of the same Act, Article 329 of the Criminal Act, and the selection of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [Aggravation of concurrent crimes with punishment prescribed by larceny with heavier punishment];

1. On the grounds of Article 62(1) of the Criminal Act (such as the agreement with the victim and the fact that there is no criminal record of larceny) of the suspended execution, it is as the Disposition.