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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On November 8, 2010, the Defendant, without purchasing mandatory insurance on November 8, 2010, driven a Category C motor vehicle without the driver’s license for a vehicle with approximately KRW 1 Km section from the front of the Korean Mart in the Minecheon-gun, Chungcheongnam-gun to the front of the village located in the same Ri.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the ledger of driver's licenses and mandatory insurance 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 the choice of imprisonment, respectively;
1. From among concurrent crimes, the Defendant committed the same kind of crime while driving without obtaining a license since 2009 under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes, even though the number of years of punishment for driving without a license has been four times since 2009, and the Defendant committed the same crime during the period of probation without a license, and if sentence is sentenced for the instant crime, it would have been likely to have been sentenced to the punishment for the instant crime until one and half years of imprisonment for which the suspension of execution was revoked and postponed, and it would have been seen that he escaped from other areas while being investigated by the investigative agency immediately after the instant crime. However, the instant crime without a license was committed while a driver’s license was revoked, and its risk was not high compared to a driver’s license without a license for driving without a license, taking into account all the circumstances revealed in the record, such as the fact that the Defendant was relatively short at the time of the instant crime.