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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On October 30, 2013, the Defendant, at around 21:35, operated a car cone-free car without a driver’s license, from the Do in front of the Defendant’s residence located in Ulsan-si, Ulsan-si’s residential area, through the Ganju-gun’s Gandong-gun’s Gandong-gu, Ulsan-gun’s Gandong-gu, Ulsan-si’s Gandong-gu, Ulsan-si’s Gandong-gu, and the Gandong-gu’s Gandong-gu, Ulsan-gu, Ulsan-si’s Gandong-dong-gu, and then operated the car cone-one car without a driver’s license in the area of about 50km from the Gan-gu, Ulsan-
2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, as a holder of C Costa Car, operated the said vehicle that was not covered by mandatory insurance, as described in paragraph (1), although it was prohibited from operating a vehicle on the road that was not covered by mandatory insurance.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of police statement of D or E;
1. A written statement;
1. The actual condition survey report and photographs;
1. Registers of driver's licenses;
1. Mandatory insurance policies;
1. Application of the Acts and subordinate statutes for investigation reporting;
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) and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service repeats the same kind of crime even though the defendant had the same record four times including one time of probation, and the fact that the defendant committed the crime of this case within a short time after the period of probation expires is an unfavorable sentencing element against the defendant
It is favorable to the defendant that the defendant has scrapped a motor vehicle operated at the time of the instant case while the defendant had the intention to commit a crime, has reached an agreement with the victim of the instant traffic accident, and the defendant has no drinking or non-licensed driving.