자동차손해배상보장법위반등
A defendant shall be punished by imprisonment for not less than three months.
On January 23, 2017, the Defendant was sentenced to a suspended sentence of two years on August 1, 2017 due to a violation of road traffic law (unlicensed driving) at the Seoul Eastern District Court, and the judgment became final and conclusive on February 1, 2017. However, on October 13, 2017, the sentence of the suspended sentence was revoked, and is currently being executed in the East Eastern District Court at the Seoul Eastern District Court.
Criminal facts
On February 24, 2017, at around 23:00, the Defendant driven a car with EX e-mail without obtaining a driver's license from the section of about 9km-dong, Young-dong, Young-dong, Young-si, Ge-si, Sungnam-si, Sungnam-si to 23:05 on the same day, from the front of the fri-dong branch of the Dong-dong, and from around 23:05 on the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. The driver's license ledger;
1. Inquiry into mandatory insurance;
1. Previous convictions as stated in the judgment: A reply to inquiry, such as criminal history, investigation report (the fact that the period of probation is in progress and attachment of the same military records), investigation report (the fact that the suspect is confined to the detention center in Seoul), and application of Acts and subordinate statutes to report criminal investigations
1. Relevant Article of the Act concerning the facts constituting the crime, Article 46 (2) 2 of the Guarantee of Compensation for Damages Caused by Motor Vehicles that are not mandatory insurance, the main sentence of Article 8 (Selection of Imprisonment), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (Unlicensed Driving, Selection of Imprisonment)
1. The reason for sentencing is as follows: (a) the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes (aggravating concurrent crimes with punishment prescribed for a violation of Road Traffic Act (unlicensed Operation) with heavy quality). (b) The Defendant repeatedly committed the same offense even though he/she had the history of criminal punishment by driving a motor vehicle without drinking, driving without obtaining a license, or mandatory insurance without obtaining a license.
In particular, the Defendant was sentenced to a suspended sentence of 8 months in Seoul Eastern District Court on January 23, 2017 due to a violation of the Road Traffic Act (unlicensed Driving) and a violation of the Road Traffic Act (driving Driving) at the same Seoul East District Court on January 23, 2017, and was sentenced to a suspended sentence of 2 years in August, 2017.