Text
A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
[criminal history] The Defendant was sentenced to a suspended sentence of 8 months for a violation of road traffic law at the Incheon District Court’s Branch on July 9, 2014, and was sentenced to a suspended sentence of 2 years for a violation of road traffic law. On February 24, 2015, the above judgment became final and conclusive and conclusive and is currently under suspended sentence.
[Criminal facts]
1. Around 09:40 on January 26, 2016, the Defendant was driving a C car with no driver’s license in a section of about 500 meters from the front of the subway No. 2, which was located in the new bank in Dongjak-gu Seoul Metropolitan Government, to the front of the disease control for the subway No. 2, Seoul Special Metropolitan City, to the front of the road No. 578, the Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City.
2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of CKaren car.
No automobile which is not covered by mandatory insurance shall be operated on a road.
Nevertheless, the defendant operated the car with the car rental without mandatory insurance at the date, time, and place mentioned in the preceding paragraph.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Statement of control of unauthorized License and the ledger of driver's licenses;
1. Reporting on detection of drivers of motor vehicle damage guarantee, and inquiry into mandatory insurance;
1. Application of a reply to inquiry, a report on investigation (verification of the same record within the latest five years);
1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense, Article 46 (2) 2 of the Guarantee of Automobile Damage Compensation Act and the main sentence of Article 8 (2) of the same Act;
1. Selection of each sentence of imprisonment;
1. Reasons for sentencing (an aggravated punishment for concurrent crimes stipulated in the crime of violating the Guarantee of Compensation for Motor Vehicles with more severe punishment) under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;
1. The scope of applicable sentences under law: Imprisonment for one month to one year and six months; and
2. Determination of sentence: Imprisonment with prison labor for not less than four months (any unfavorable circumstance) shall be punished by a fine and imprisonment with prison labor for a violation of the Road Traffic Act (driving, driving without a license, etc.) after 198;