도로교통법위반(무면허운전)등
A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
1. On January 12, 2014, the Defendant, at around 17:55, driven a 3km freight vehicle at approximately 3 km in front of a chill apartment located in the cooling-dong without obtaining a driver’s license, on the road in front of the 3rd harbor located in the cooling-dong at the same time.
2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of a seal-fwing truck B.
No one is allowed to operate a motor vehicle which is not covered by mandatory insurance on the road, but the defendant operated the motor vehicle without purchasing mandatory insurance at the same time and place.
Summary of Evidence
1. Defendant's legal statement;
1. Registers of driver's licenses;
1. Application of Acts and subordinate statutes on mandatory insurance;
1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose a penalty, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act (Consideration of sentencing, etc. as follows);
1. Although the reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. have several criminal records of a criminal defendant having the same kind of fine for the reason of sentencing, the criminal defendant is divided into a truth-finding, and there are circumstances to consider the circumstances leading to this case, and the criminal defendant's age, character and behavior, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. are taken into account, the criminal defendant shall be sentenced to punishment as ordered by the order.