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.

Punishment of the crime

1. On June 26, 2016, the Defendant discovered that the victim E was not equipped with a locker for FF truck in the market price set by the victim E in front of the D, which is parked in Gyeyang-gu, Gyeyang-gu, Seoul, and that the said truck was stolen by driving a vehicle after opening a door and displaying it.

2. On June 26, 2016, the Defendant driven F Freight Truck, as described in the above paragraph (1), without obtaining a driver’s license, from the front side of the D in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoul to the front side of the Shababab restaurant, which was located in the same Gu Seoyang-gu, Seoyang-gu, Seoyang-ro, to approximately 4 in the middle of the Shabababba restaurant.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Reporting on internal accidents (locating stolen vehicles and checking CCTV around the scene);

1. Application of Acts and subordinate statutes to the driving license ledger;

1. Relevant Article 152 (1), Article 43 of the Road Traffic Act (unlicensed Driving), Article 329 of the Criminal Act (a point of view), and the choice of imprisonment with prison labor for the crime;

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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. The scope of punishment by law: Imprisonment for not more than seven years;

2. Application of the sentencing criteria (limited to the larceny for which the sentencing criteria are set); and

(a) Determination of types: thief crimes, theft against general property, and second types (general larceny);

B. There is no special sentencing factor:

(c) Scope of recommendations: Basic area, six months to one year and six months; and

3. Determination of sentence: Imprisonment with prison labor for eight months, the suspension of execution for two years [ favorable circumstances], the recovery of a stolen vehicle, the fact that there is no criminal record of larceny after 1989, the fact that there is no good condition of health [unfavorable circumstances], the fact that there is a lot of history of traffic crimes, such as drinking or non-licensed driving, and an unagreement;