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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[criminal history] On June 30, 2011, the Defendant was sentenced to three years of imprisonment with prison labor due to a crime of preparation against a structure and fire in the Cheongju District Court, and completed the execution of the sentence in the Cheongan Prison on January 17, 2014.
[Criminal facts]
1. On May 10, 2015, the Defendant: (a) received a request from B to sell a victim’s DN city car owned by C on the roads near the “agricultural and fishery products market” (hereinafter “agricultural and fishery products market”) which was acting as a bath during the Chungcheong period; (b) on May 11, 2015, the Defendant, while keeping the said car, sold the said car to the non-party at the fixed-line casino located in the Jung-gun-gun, Ho-gun, Chungcheongnam-gun, the Defendant embezzled the victim’s property by arbitrarily consuming the said money from the casino fund at around that time.
2. On April 9, 2016, the Defendant: (a) driven a Hone Star Corma under the influence of alcohol leveling 0.09% of the blood alcohol level without a driver’s license from around 100 meters to around the road of “F Schlage” located in E in Chungcheongju-si around April 02:28, 2016; and (b) drive a Hone Star Corma under the influence of alcohol leveling 0.09% without a driver’s license.
3. On April 9, 2016, the Defendant on the unlawful uttering of official document: (a) was found to have been driven by drinking on the road in front of “G” located in “G,” and was asked to submit a driver’s license by the Hamban Police Agency, which is an official document in his/her possession, by suggesting that he/she was the Defendant’s driver’s license under the name of the Commissioner General of the Korean National Police Agency, and was the Defendant’s driver’s license.
4. The Defendant is required to sign “K” on the date and time set forth in paragraph 2, and the place of drinking driving at the place, and to sign the “report on the circumstances of driving at the State” by the policeJ. The Defendant signed the “K” on the “report on the circumstances of driving at the State” as a pen, and exercised the signature of “K on the driver’s column” as a result of the control of drinking driving.