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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. A person who has purchased an automobile registered in violation of the Automobile Management Act shall apply for the registration of transfer of ownership to the competent authority within fifteen days from the date of purchase;
Nevertheless, on January 2014, the Defendant purchased a bus with a gallon from the Central High School in the Doncheon-si, Gyeongcheon-do and from B, and did not file an application for the registration of transfer of ownership of the said car with the competent authority without justifiable grounds.
2. On November 8, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) and the Guarantee of Compensation for Automobile Damages, driving the said car owned by the Defendant without obtaining a driver’s license from the Dor in front of the Samcheon-dong, Samcheon-dong, Samcheon-gu, Samcheon-gu, Seoul, to the Defendant’s house located in D at the same time, to the front road in front of the Defendant’s house located in D at the same time, without obtaining a driver’s license from around 1km.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Reports (1), (2) on traffic accidents;
1. Inquiry into mandatory insurance;
1. The driver's license ledger;
1. CCTV photographs from an accident scene;
1. Application of Acts and subordinate statutes of the Motor Vehicle Registration Register;
1. Article 81 subparag. 2 and Article 12 subparag. 1 of the former Automobile Management Act (Amended by Act No. 13686, Dec. 29, 2015); Article 46 subparag. 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act; Article 152 subparag. 1 and Article 43 of the Road Traffic Act (Unlicensed Driving) concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (a punishment provided for a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Guarantee of Automobile Damage Compensation Act, and a punishment provided for a violation of the Guarantee of Automobile Damage Compensation Act of which the nature of the crime is heavier);
1. Selection of each sentence of imprisonment;
1. Aggravation of concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (Aggravation of concurrent crimes against the crime of violation of the Guarantee of Compensation for Motor Vehicles with heavier Crimes);
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Protection observation and: