Text
Defendant shall be punished by imprisonment for a term of one year and six months.
Reasons
Punishment of the crime
"2019 Highest 389"
1. A thief: (a) around 10:00 on August 25, 2019, the Defendant: (b) discovered that the victim C was in the front line B, and that the key of the D-wing and cargo vehicle, which the victim C parked on the roadside, was opened, with the window of the victim’s seated in a key strawing room; (c) attempted to steal it; and (d) committed a theft of the said cargo vehicle owned by the victim by means of cutting the vehicle on board the said cargo and driving the vehicle after cutting it on the trial.
2. The Defendant violated the Road Traffic Act (unlicensed Driving) driving the said cargo vehicle without a driver’s license in a section of about 20 km from the front line B of the Gangwon-gun to the front line of the same military E-ray, as stated in paragraph (1) of this Article.
A prosecutor of the 2019 Highest 434 applied Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018) to this part of the facts charged. However, in order to apply the above three-dimensional relationship provisions, it is necessary to violate the prohibition provision on drunk driving (Article 44(1) of the Road Traffic Act) more than twice, unlike the current Road Traffic Act, and such violation does not include the frequency of violation of Article 44(2) of the prohibition on the refusal of alcohol measurement (Article 44(2) of the Road Traffic Act). However, the Defendant was punished by a fine of 2.5 billion won on January 10, 2007, and the Defendant was punished by a fine of 300,000 won on March 24, 2018, which does not necessarily apply to a fine of 300,000 won on the charge of drinking, 14.4.