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1. The defendant shall be punished by imprisonment for six months;
2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;
3.
Reasons
Punishment of the crime
The defendant is a holder of the B-A-Wurd-Wurd Motor Vehicle.
On April 9, 2012, around 18:30 on April 18:30, 2012, the Defendant driven the said car without the mandatory insurance without the driver’s license from around 1km section from the road located in the luxa of the Chungcheongnam-gun, Chungcheongnam-do to the road located in the same luxa.
Summary of Evidence
1. Statement of the police suspect interrogation protocol against the accused;
1. Statement made to C by the police statement;
1. Application of Acts and subordinate statutes entered in the register of driver's licenses and mandatory insurance bureau;
1. Relevant legal provisions concerning facts constituting an offense, and subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act (Unlicensed Driving, Selection of Imprisonment) of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 11369, Feb. 22, 2012 and enforced August 23, 2012), Article 46 (2) and the main sentence of Article 8 of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 11369, Aug. 23, 2012);
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. It is an unfavorable circumstance that the defendant again committed the instant crime, which has been committed five times prior to driving without a license, while serving the reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.
However, the fact that the defendant recognized the crime at the investigation stage and reflected against the defendant, and that the defendant has no criminal record of suspended sentence or more is more favorable.
In addition, in comprehensive consideration of various circumstances shown in the arguments of this case, such as the defendant's age and environment, a probation, community service order, and lecture order shall be sentenced to a suspended sentence of imprisonment with labor accompanied by the order.