A defendant shall be punished by imprisonment for not less than one year and six 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 November 4, 2020, around 22:50, the Defendant: (a) opened a door that was not corrected on the victim C’s passenger car in front of Busan Metropolitan City, where the victim C parked; and (b) stolen the said vehicle by driving the train using the vehicle key stored in the instant cup, using it.

2. The Defendant is a person who was sentenced to a fine of 6 million won for a violation of traffic laws at the Daegu District Court on December 6, 2019 and was punished for drinking under the influence of alcohol.

The Defendant, at the same time and at the same place as in the preceding paragraph, driven a motor vehicle with Dsch Rexton as in the preceding paragraph, while under the influence of alcohol level of 0.146% during blood, without a driver’s license, at the same time and place as in the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (prior convictions and confirmations related to suspects);

1. Article 329 of the Criminal Act of the relevant Act on the facts constituting an offense (a point of view) and Articles 148-2 (1) and 44 (1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (a point of view of driving without a license)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of each sentence of imprisonment;

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 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act for protection observation and attendance order, and the age, occupation, and sex of the accused.