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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[Criminal Justice] On August 10, 2016, the Defendant was sentenced to 10 months from the Incheon District Court’s Branch Branch of the Incheon District Court to imprisonment with prison labor for night intrusion larceny, and the Defendant completed the execution of the sentence on April 25, 2017.
【Criminal Facts】
1. Violation of the Road Traffic Act;
A. On May 21, 2019, around 19:00, the Defendant driven a DM3 car without obtaining a driving license from around 20km section from the parking lot of the Michuhol-gu Incheon building from the 20km-si, Seocheon-gu, Seocheon-gu, Seoul.
B. On May 22, 2019, around 02:40, the Defendant driven the said SM3 car without obtaining a driver’s license from the above CM parking lot to the above B building parking lot.
2. On May 22, 2019, the Defendant: (a) around 02:18, when the victim F was accommodated in the Nowon-gu Embel located in Seocheon-si, Seocheon-si; (b) opened a entrance without correction; and (c) went into the guest room, and intrudes the victim’s residence.
Summary of Evidence
1. Defendant's legal statement;
1. An investigation report (F statement made by Ghocomers in the victim), an investigation report (on-site CCTV image verification), an investigation report (in-depth tracking as a suspect), and an investigation report (in-house tracking prior to committing a suspect), and an investigation report;
1. A H statement;
1. Registers of driver's licenses;
1. Photographss of each CCTV, etc.;
1. A previous conviction in the judgment: In inquiry, a criminal investigation report (the confirmation of repeated crime against a suspect) (the defendant asserts that he/she cannot memory under the influence of alcohol at the time, but according to each of the above evidence, it does not appear that the defendant, under the influence of alcohol at the time of the crime of this case, lost the ability to discern things, make decisions, or lacks the ability to do so).
1. Relevant legal provisions concerning the facts of crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 319 (1) of the Criminal Act, the choice of punishment, and the choice of imprisonment, respectively;
1. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;