도로교통법위반(무면허운전)등
A defendant shall be punished by imprisonment for four months.
Punishment of the crime
1. Around 04:40 on March 15, 2020, the Defendant driven C Lasta car without obtaining a driver’s license from the Do on the lot number fest in Seocheon-si, Seocheon-si to the front of B at the same time.
2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road which is not covered by mandatory insurance;
Nevertheless, the Defendant operated the C rocketing car which was not covered by mandatory insurance at the time and place specified in paragraph 1 as a holder of C rocketing car.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the Acts and subordinate statutes to the license ledger of mandatory insurance reports on the circumstances of driving without licenses;
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. From among concurrent crimes, the Defendant for reasons of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, was sentenced to two years of imprisonment on July 5, 2018 due to a violation of the Road Traffic Act on July 13, 2018, and the judgment becomes final and conclusive on July 13, 2018, and the probation period is under the period of suspension of execution. The Defendant already committed the instant crime when he was sentenced to two times of non-licensed driving and was sentenced to a fine for the same reason. The Defendant committed the instant crime. In light of the fact that there is a very serious attitude for the Defendant to resist the law, and that the Defendant was absent on two consecutive occasions on the trial date without any special reason even though he was aware that the instant trial was in progress, it is inevitable to punish the Defendant with severe punishment.
However, the facts that the defendant led to the crime of this case are considered as favorable circumstances to the defendant, and the records of this case, such as the age, environment, character and conduct, motive and means of the crime, and circumstances after the crime, etc. are recorded.