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.

Punishment of the crime

[Criminal Power] On November 9, 2007, the Defendant was sentenced to a suspended sentence of six months by imprisonment with prison labor for a violation of the Road Traffic Act, etc. at the Daegu District Court. On November 23, 2012, the Defendant was issued a summary order of five million won by a fine at the Daegu District Court for a violation of the Road Traffic Act.

【Criminal Facts】

On February 21, 2015, at around 22:05, the Defendant driven a G bargaining car in the state of alcohol alcohol concentration of approximately 0.181% while under the influence of alcohol leveling 0.181% on the front of the eromatic distance located in the same Eup/Myeon from the “Dda” parking lot located in the Cheongdo-gun, Cheongdo-gun, Cheongdo-do-gun.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 62 (1));

1. The portion not guilty of probation, community service, or order to attend a lecture under Article 62-2 of the Criminal Act;

1. Around 20:00 on February 21, 2015, the Defendant: (a) discovered one set of Glearning car at the “DDak” parking lot located in the Cheongdo-gun, Cheongdo-gun; (b) opened a closed door of a vehicle in which the victim H parked at that place; and (c) opened a closed door of the vehicle and used the keys in the vehicle, thereby thefting it.

2. The following circumstances acknowledged by the witness I’s testimony and the result of the examination by this court, namely, ① the Defendant was driving a victim’s vehicle located in the Cheongdo-gun C building in the Cheongdo-gun, which was located in the Cheongdo-gun-gun, in the Cheongdo-gun E-Do-gun, and returned to the Defendant’s house located in the Cheongdo-gun-gun-gun Cheongdo-gun-gun-do-gun-gun-gun-do-gun-do-gun-do-gun-do-gun-do-gun-do-gun.