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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 12, 2013, the Defendant was sentenced to imprisonment for six months with prison labor for a violation of the Road Traffic Act (unlicensed Driving) in the Changwon District Court's branch on June 12, 2013, and the said judgment was finalized on June 20, 2013.
1. The Defendant: (a) around 06:25 on May 21, 2013, the Defendant: (b) opened a driver’s seat, which was parked in front of the Gyeongnam-gun, Chungcheongnam-gun; (c) opened a knife, which was not corrected by the victim C, owned by the victim C; and (d) stolen the vehicle with one audio camera equivalent to KRW 48,000 at the market price installed on the following vehicle.
2. Around 06:00 on May 21, 2013, the Defendant was driving the Eknife vehicle without obtaining a driver’s license in the section of about 24 km from the inn where it is impossible to know the trade name on the side of the Gyeongnam Development Gyeongnam-gun to the above innife.
Summary of Evidence
1. Defendant's legal statement;
1. Investigation report (Attachment, such as attachment of estimates, attachment of CCTV photographs, and the register of driver's license for automobiles);
1. A written statement prepared in C;
1. Before holding: Application of Acts and subordinate statutes to attachment of criminal records and investigation reports (Attachment to the results of case search of the same kind of electric power);
1. The indictment under Article 329 of the relevant Criminal Code for the crime, Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of unauthorized Driving) is stated as the applicable provisions of Article 152 subparagraph 1, Articles 43, and 39 (1) of the Road Traffic Act. However, in the facts charged and the investigation record, it is evident that it is a clerical error in Article 152 subparagraph 1, Article 43 of the Road Traffic Act, and Article 39 (1) of the Criminal Act, since it is obvious that it is a clerical error in the facts charged and the investigation record, it does not make a separate decision on the errors
1. Selection of each sentence of imprisonment;
1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The judgment on each of the instant crimes under Article 62(1) of the Criminal Act shall be rendered final and conclusive.