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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person who owns Cbeone and is engaged in driving of the said van.
A. On February 5, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving at around 10:30, driving a 50-meter range from the front day of the Ka Center to the front day of the convenience store in the same Eup/Myeon, along the boundary of the Ga Center in the e-mail Eup in the e-mail, without a vehicle driver’s license.
(b) No person who violates the Guarantee of Automobile Compensation shall operate any motor vehicle on a road which is not covered by mandatory insurance;
Nevertheless, the Defendant driven the above van which was not covered by mandatory insurance at the time and place mentioned in paragraph (1).
Summary of Evidence
1. Statement by the defendant in court;
1. Application of the motor vehicle driver's license ledger and mandatory insurance-related Acts and subordinate statutes;
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 same Act (unlicensed Driving), Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act, and the choice of imprisonment, respectively;
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. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution (The favorable circumstances among the reasons for sentencing) - The defendant has the record of having been punished several times for the same kind of crime. The favorable circumstances - the defendant recognizes all the criminal facts. Last seven years have passed since the punishment was imposed for the same kind of crime. The sentencing should be imposed as ordered in consideration of all the circumstances revealed in the trial process in each of the above circumstances.