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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
1. On November 26, 2015, the Defendant: (a) discovered a F concrete mixture truck owned by the victim E on the front of the D road located in Sinpo City, 01:00, and opened a string door, and opened the string door, and used keys stored on the driver’s seat to run the string, and cut off the string on the said truck, thereby cutting off the string of approximately KRW 10 million at the market price.
2. On November 26, 2015, the Defendant: (a) driven a F concrete mixtures truck without obtaining a driver’s license in a section of about 70 km from the D front road located in Sinpo-si, Sinpo-si, Young-gun, Seoul, to the 4-lane 18, south-do, Young-gun, Young-gun, Nam-gun, Nam-gun, Nam-do; and (b) on November 26, 2015.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of Acts and subordinate statutes to an investigation report (in case of failure to measure a suspect's drinking and inquiry into disqualified matters for driver's license
1. Relevant Article of the Criminal Act, Article 329 of the Criminal Act that provides for the choice of punishment (abstinence point, a punishment by imprisonment), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (abstinence point, a non-licensed driving point, or a sentence by imprisonment);
1. Sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments for two crimes) of the aggravated concurrent crimes;
1. Theft;
(a) Determination of types of larceny: Larceny for general property;
(b) Determination of the scope of sentence: Basic area, April to October (person who is a person who is a special mitigation offender: Not subject to punishment);
2. Since the sentencing guidelines are not set for the crimes of violating the Road Traffic Act (unlicensed driving) standards, it is limited to the lower limit of the above sentencing range.
3. In light of the fact that the Defendant, on November 13, 2015, was sentenced to a suspended sentence of one year for a crime of larceny, violation of road traffic law (unlicensed driving), and violation of road traffic law (unauthorized measures after an accident), committed the instant crime during the suspended sentence period, even though the judgment became final and conclusive on November 21, 2015, again committed the instant crime during the suspended sentence period.