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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal Power] On September 8, 2016, the Defendant was sentenced to a suspended sentence of two years in the Seoul Eastern District Court for the crime of violation of the Road Traffic Act (hereinafter referred to as the “Aggravated Punishment”), and the judgment became final and conclusive on September 16, 2016.
【Criminal Facts】
1. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is the holder of B Poter II Cargo.
A motor vehicle owner is prohibited from operating a motor vehicle on the road which is not covered by mandatory insurance, but the defendant operated the motor vehicle without mandatory insurance within approximately 70 kilometers from the front side of Gangdong-gu Seoul Metropolitan Government Seoul Metropolitan Government to the front side of the Yeongdeungpo apartment located in Ansan-si Do-si Do-si Do-si Do-si, Seoul Metropolitan Government around September 16, 2016.
2. Violation of the Road Traffic Act (unlicensed Driving) the Defendant driven B Poter II cargo without obtaining a driver’s license at the time and place prescribed in paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstances of driving without a license;
1. Registers of driver's licenses;
1. Mandatory insurance policies;
1. Previous convictions in judgment: Criminal records, investigation reports (prior convictions and application of Acts and subordinate statutes);
1. Relevant Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Article 62 (1) of the Criminal Act;
1. Determination on the application of sentencing guidelines under Article 62-2 of the Criminal Act to probation and community service order: Not subject to application;