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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On April 1, 2019, at around 14:30, the Defendant driven C Poter freight without obtaining a driver’s license from the front side of B in the Chungcheongnam-gun, Chungcheongnam-do to the front side of the Seoul direction 264km.
The defendant in violation of the Guarantee of Automobile Accident Compensation Act is C's owner of cargo vehicle.
No person shall operate any motor vehicle which is not covered by mandatory insurance on a road.
Nevertheless, the Defendant operated C Poter Cargo Vehicles which are not covered by mandatory insurance, such as the foregoing paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. Control note;
1. Application of the ledger of driver's licenses and mandatory insurance-related Acts and subordinate statutes;
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 choice of imprisonment with prison labor;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture is that the defendant has committed the instant crime without being aware of the same criminal records not less than four times even though he had been well aware of the fact that he had committed the instant crime. However, there are no criminal records other than fines, and that he/she would not make any other mistake again, and that he/she would not make any other mistake again. In addition, comprehensively taking into account all sentencing conditions that are shown in pleadings, such as the defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc.,