A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On February 9, 2018, the Defendant was sentenced to a suspended sentence of three years for a crime of bodily injury resulting from rape in the Changwon District Court's M&D branch on the 20th of the same month and the judgment became final and conclusive on the 20th of the same month.

1. On May 19, 2018, at around 02:45, the Defendant: (a) discovered an E-to-door camping at the victim’s free will, which is located in the C convenience store B in Chang-si, Chang-si, Changwon-si; (b) found a car at the victim’s free will in an amount equivalent to KRW 17 million in the market price owned by the victim who temporarily stops without opening a door for the purpose of fraud of the said convenience store; and (c) confirmed that there is no person inside the vehicle, and then caused a theft by driving the said car by using the cret in which the surrounding surveillance is neglected. (d) On May 19, 2018, the Defendant violated the Road Traffic Act (driving) around 03:00 on May 19, 2018, 30% alcohol concentration from the front of the convenience store in Chang-si, Chang-si, Masan-si B to the front of the G church located in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or H;

1. The circumstantial report on the driver's statement, and inquiry about the result of crackdown on drinking driving [this case's crime shall be judged that the defendant was not physically or mentally lost or physically weak due to drinking, etc. at the time of the crime];

Application of Statutes

1. Relevant Article 329 of the Criminal Act, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor for a crime;

1. In light of the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, the Defendant’s reason for sentencing is not well-founded during the period of suspension of execution, and the Defendant committed the instant crime, a sentence of imprisonment shall be imposed.

However, the fact that one's mistake is recognized and reflected in depth, that one's agreement is reached with the thief victim, that the sentence of suspended execution is invalidated by the sentence of this case, and that the defendant's age, family relationship, and criminal records are included.