A defendant shall be punished by imprisonment for not less than eight months.

One motor vehicle seized (No. 1) and one motor vehicle key (No. 2).

Punishment of the crime

[criminal history] On May 26, 2015, the Defendant was sentenced to imprisonment with prison labor for special larceny, etc. in the Southern Branch of the Gwangju District Court on May 26, 2015. On August 13, 2016, the Defendant completed the execution of the sentence in the Jung Eup prison.

[Criminal facts]

1. On August 4, 2018, around 01:04, the Defendant: (a) opened a door of coos car in E at the market price equivalent to KRW 10 million at which the victim C parked without locked in the front of Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon Metropolitan City; (b) cut off cash of KRW 37,500,00 which is kept in the said car; and (c) driven the said car by using a spare key stored in the said car.

Accordingly, the defendant stolen the victim's property.

2. Violation of the Traffic Act on roads.

A. The Defendant, at the time and place specified in paragraph 1, driven a cub car on the entry in paragraph 1 without obtaining a driver’s license for a vehicle from 86(s) to a modified road in Sungnam-si.

B. On August 7, 2018, the Defendant, at around 13:20, driven a cub car on the part of paragraph (1) without obtaining a driver’s license from the front of the 86th (water vibration) road in front of the Sin-si, Sungnam-si, the Sin-si amendment of the Sin-si, Sungnam-si, without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. C’s statement;

1. Reporting on occurrence of a disaster;

1. CCTV photographs;

1. Search system for waterway vehicles and traffic data on expressways;

1. Seizure records;

1. The driver's license ledger;

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes of investigation reports;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime (a point of Section 329 of the Criminal Act), subparagraph 1 of Article 152 of the Traffic Act, Article 43 of the Road Traffic Act (a point of driving without a license), and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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. The fact that the victim has been punished several times for the same kind of crime with the same reason for sentencing under Article 333(1) of the Victim Return Criminal Procedure Act, and the period of repeated crime is during which the victim has been punished.