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A defendant shall be punished by imprisonment with prison labor for four months.
Reasons
Punishment of the crime
On September 3, 2014, the Defendant was sentenced to eight months of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Chuncheon District Court on September 3, 2014, and was released on January 30, 2015 and the parole period expired on February 9, 2015 during the execution of the sentence.
1. On April 21, 2017, the Defendant collected 10 parts from the victim C’s house located in Chuncheon City B at around 15:20 on April 21, 2017, at the two risk from which the market price on the victim’s house located in Chuncheon City B cannot be identified.
2. Violation of the Guarantee of Automobile Compensation, and violation of the Road Traffic Act (unlicensed driving) by the Defendant is a holder of D-wing and 31 ton truck.
No owner of a motor vehicle shall operate any motor vehicle which is not covered by mandatory insurance.
Nevertheless, the Defendant, at around 15:20 on April 21, 2017, operated the instant truck not covered by mandatory insurance without a driver’s license at approximately 10km section from the front of the Defendant’s house located in Chuncheon-si via F, the front of the Defendant’s house to the front of the Defendant’s house.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement of damage C;
1. A photograph of a CCTV video recorded by the person under his/her operation, the driver's license register, mandatory insurance inquiry, the arrest report on the occurrence of the incident, and a photograph by capturing the CCTV images;
1. Previous conviction: Application of a reply to inquiry, such as criminal history, reporting on the results of investigation (verification of the period of repeated offense) by inquiry, and reporting on the past conviction;
1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving Point), Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Compensation Act, and the choice of imprisonment, respectively;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The reasons for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act that aggravated concurrent crimes have been already punished several times due to a violation of the same Road Traffic Act (unlicensed driving).