A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

On August 8, 2013, the Defendant was sentenced to eight months of imprisonment for special larceny, etc. in the Daegu District Court, and completed the execution of the sentence in the Daegu Prison on February 21, 2014.

1. On February 8, 2015, at around 21:47, the Defendant: (a) discovered a F blue-learning car owned by the victim of the victim D in the Cheongbuk-gun, Cheongbuk-do; (b) discovered a key in front of the “E-cafeteria operated by the victim D”, which is parked in the state of sticking the key; and (c) arbitrarily driven the car by using any cre in the surrounding area, which is worth 6,000,000 won at the market price where the vehicle was parked.

2. On February 8, 2015, the Defendant violated the Road Traffic Act (unlicensed driving) without obtaining a driver’s license, driving the said F-learning car from the front of the above E-cafeteria in the Cheongdo-gun, Cheongbuk-gun, Cheongbuk-do, to the entrance of the main direction of national highways No. 20 kilometers in the same Eup/Myeon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Seizure records;

1. Each investigation report (to attach the ledger of driver's license, to measure unauthorized driving distance, and to indicate moving routes, driving vehicles, damaged vehicles, breatheing of alcohol, and transport logs);

1. Previous convictions in judgment: The application of a reply to criminal records, inquiry, investigation report (Attachment to judgment) and statutes;

1. The corresponding legal provisions on criminal facts, Article 329 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act (the point of unauthorized Driving), and each defense counsel who has the right to choose imprisonment asserts that the defendant's act constitutes a crime of unlawful use of motor vehicles, etc. under Article 331-2 of the Criminal Act, not a larceny under Article 329 of the Criminal Act, since he/she drives a damaged vehicle temporarily.

However, in the event that another person's property is used without the consent of the possessor, it is consumed to the extent that the economic value of the property itself is considerable, or disposed of in other place than its original place after its use, or it is long time without the return.