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A defendant shall be punished by imprisonment for not less than three months.
Reasons
Criminal facts
On August 26, 2015, the Defendant was sentenced to six months of imprisonment due to a violation of road traffic law (unlicensed driving) in the support for the safe operation of the water source method, etc., and completed the execution of the sentence in the lawsuit of the first intersection of the North Korean Dos on June 19, 2016.
1. On July 16, 2016, the Defendant violated the Guarantee of Automobile Compensation Act: (a) operated the said vehicle, which was not covered by mandatory insurance at a section of approximately 200 meters from the 540-3rd Do of the members of Ansan-si around 19:30 on July 16, 2016.
2. The Defendant 1 driven the said 1 vehicle without obtaining a driver’s license in a section of about 200 meters of the date, time, place, and place of the above 1 paragraph (1).
Summary of Evidence
1. Statement by the defendant in court;
1. Investigative into the driver's license ledger and mandatory insurance;
1. The application of the Act and subordinate statutes to inquiries, such as criminal history;
1. Relevant legal provisions concerning facts constituting an offense, Articles 152(1) and 43 of the Road Traffic Act (non-licensed driving point), Article 46(2)2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act, and the choice of imprisonment, respectively;
1. In light of the fact that the defendant committed each of the crimes of this case during the period of repeated crime under Article 35 of the Criminal Act for aggravated repeated crime (the defendant was punished for drinking or driving without a license, and the defendant committed each of the crimes of this case during the period of repeated crime due to the same crime, sentence of sentence on the defendant is inevitable.
However, it is decided as per Disposition on the grounds that the sentencing conditions of the court of this case, such as the defendant's confession and reflects, are more than the sentence in consideration of all the sentencing conditions shown in the trial of this case.