A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On March 7, 2020, at around 02:18, the Defendant: (a) opened a door of the victim’s report price equivalent to KRW 10,000,000 for the E-learning car and driven it at the start, which is the victim’s possession, parked in front of the “C” located in the Busan Shodong-gu B by sticking the key of the vehicle.

Accordingly, the defendant stolen the victim's property.

2. The Defendant, at the place under the preceding paragraph, driven the car in the preceding paragraph without obtaining a driver’s license, approximately 12 km section from the place under the preceding paragraph to the front road of the Busan Jin-gu Furin Park, Busan.

Accordingly, the Defendant driven an automobile without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Documents, photographs, criminal records, and the application of the Acts and subordinate statutes written in indictment;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, and the choice of imprisonment without prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the extent that the sum of the long-term punishments of crimes, which are heavier than the punishment, is added to the punishment prescribed for larceny);

1. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., favorable circumstances among the reasons for sentencing) is that the defendant committed a crime in the course of criminal proceedings for a violation of the Road Traffic Act, and that the value of the damaged goods is considerable is that the defendant is disadvantageous to the defendant.

However, considering the circumstances favorable to the defendant that the defendant voluntarily surrendered, returned the damaged goods, and agreed with the victim.

In addition, the age, character, conduct and environment of the defendant, the motive, background, means and result of the crime of this case, the circumstances after the crime, and other conditions of sentencing as shown in the argument of this case shall be determined as the disposition.