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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Around August 21, 2015, the Defendant violated the Road Traffic Act (Non-licenseless Driving) operated a gallon vehicle from the front side of Seocho-gu Seoul Seocho-gu Seoul, Seocho-gu, to the front side of the entrance road No. 8 in the Dong-dong, Seocho-gu, Seoul, with no driver’s license, a gallon vehicle from around 7 km section without a driver’s license.
2. On October 2009, the Defendant: (a) removed the front number plate attached to one ton of freight vehicles, which was parked in Pyeongtaek-si (hereinafter referred to as Pyeongtaek-si) around October 2009, from the stringner, owned by the victim C; and (b) stolen it.
3. On October 2009, the Defendant illegally used air defense and illegally used air defense events: (a) attached the front number plate of freight 1 ton in front of a freight vehicle to B gallon owned by the Defendant; (b) illegally used a vehicle number plate for air string, which is an air string, by attaching it to the front number plate on the vehicle owned by the Defendant; (c) from the above date to August 21, 2000, from the above date to August 21, 2000, the Defendant used the air string to the gallon with the above number plate attached at the Seocho-gu Seoul At the Seocho-gu Seoul Green Zone to the gallon with the above number plate attached.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Statement made by the police against C;
1. Seizure records;
1. Each photograph;
1. The driver's license ledger;
1. Application of Acts and subordinate statutes to investigation reports (illegal use of official marks and their events);
1. Article 152 subparagraph 1 of the relevant Act and Articles 152 and 43 of the Road Traffic Act (unlicensed driving, option of imprisonment), Article 329 of the Criminal Act (abstinence of imprisonment and option of punishment), Article 238 (1) of the Criminal Act (abstinence of unlawful use of official marks) and Article 238 (2) and (1) of the Criminal Act (abstinence of unlawful use) concerning criminal facts;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration of the fact that it is against the other party);
1. Protective observation and community service order under Article 62-2 of the Criminal Act;