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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
1. Around 22:20 on March 19, 2015, the Defendant driving a vehicle BK5 vehicle without obtaining a driver’s license in the section B at approximately 80 kilometers from the front day of the Man-si Park in Suwon-gu, Suwon-si to the first quarter of the Dong-dong Highway located in the Man-si, Suwon-si.
2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road which is not covered by mandatory insurance;
The Defendant operated B K5 automobiles on the road at the time and place stated in the preceding paragraph, which did not purchase mandatory insurance as above.
Summary of Evidence
1. Defendant's legal statement;
1. A report on arrest of the suspect and a report on detection of the offender;
1. Information and inquiry on non- mandatory insurance, and mandatory insurance;
1. Registers of driver's licenses;
1. Application of the Acts and subordinate statutes of the hostile inquiry;
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, and the main sentence of Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the points of mandatory insurance and the choice of imprisonment);
1. From among concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, the Defendant once again driven without a license even though he had the past record of the punishment twice for the violation of the Road Traffic Act (the period of a fine of four million won and a suspended sentence of eight months) (the period of a suspended sentence).
In particular, the defendant was punished as the same crime and committed the crime of this case during the probation period.
It is inevitable to sentence the defendant who does not seem to have any light as above.
However, the sentencing conditions indicated in the records of this case, such as the Defendant’s age, character and conduct, family relationship, family environment, motive and means of crime, and circumstances after crime, shall be equally considered and sentenced to the same sentence as the disposition.