도로교통법위반(무면허운전)등
A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On August 24, 2016, the Defendant driving a motor vehicle without obtaining a driver’s license on a around 09:14, and, from the Do located in the Sincheon-gun, the Do located in the Doncheon-gun, the Do in the Doncheon-gun, the Doncheon-gun, to the front of the Donland, the Defendant did not purchase a mandatory insurance policy at approximately 2 km section.
Summary of Evidence
1. Statement by the defendant in court;
1. An explanatory note;
1. The driver's license ledger;
1. Application of Acts and subordinate statutes regarding mandatory insurance;
1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the Act on the Selection of Punishment (Unlicensed Driving, Selection of Imprisonment), Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating automobiles which are not mandatory insurance, and the choice of imprisonment);
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. Article 62 (1) of the Criminal Act on the suspended execution;
1. In light of the fact that two previous convictions of fines due to driving without a license for the reason of sentencing under Article 62-2 of the Criminal Code of the Order to Attend the lecture (one of them is punished as concurrent crimes with the violation of the Guarantee of Automobile Compensation for Damages, as in the instant case) are considered as disadvantageous circumstances.
Considering the favorable circumstances that there is no previous conviction or more than a suspended sentence.
In addition, the sentence shall be determined as ordered in consideration of the overall sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, environment, etc.