A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

[criminal history] On March 3, 2017, the Defendant issued a summary order of KRW 5 million for a violation of road traffic law (driving), etc. at the Cheongju District Court’s support on March 3, 2017; and on November 25, 2016, the same court issued a summary order of KRW 1.5 million for the same crime; and on November 25, 2016, five criminal records for driving the same kind of drinking, including five times in total.

[Criminal facts]

1. 절도 피고인은 2018. 1. 24. 23:36 경 충북 충주시 B 소재 ‘C 약국’ 인근에서, 피해자 D이 시동을 켠 채로 주차해 놓은 피해자 소유의 시가 3,600만원 상당의 E 싼 타 페 승용차를 발견하고, 위 승용차에 사람이 없는 것을 확인한 후, 위 승용차의 운전석 문을 열고 들어가 운전해가는 방법으로 위 승용차 및 그 안에 있던 블랙 박스, 스마트 폰 등을 절취하였다.

2. Violation of the Road Traffic Act (drinking) and the violation of the Road Traffic Act (drinking without a license) were driven by the Defendant from the place indicated in paragraph 1 at the time indicated in paragraph 1, to the parking lot located in the 13-lane 8, Chungcheongnam-gu, Seoul Special Metropolitan City, the 13-lane 8-ro administration of the same city, without obtaining a driver’s license, in approximately 6km section, while under the influence of alcohol content of 0.10% in blood while under the influence of alcohol without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1.Each -CCTV closures

1. Report on internal affairs (the application of the above dicin formula);

1. Report on internal investigation (verification of alcoholic beverages and weight, etc.), - Receipts, etc.;

1. The driver's license ledger;

1. Criminal Records: Investigation report (Attachment to the previous decisions and related judgments), - Application of a reply to inquiry, such as the text, etc. of the Cheongju District Court Decision 2003 Goun District Court Decision 2880 and criminal history, and other Acts and subordinate statutes;

1. Relevant Article 329 of the Criminal Act concerning a crime; Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act; Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning a crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of both punishment and 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 of the Criminal Act for mitigation of amount;