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A defendant shall be punished by imprisonment with prison labor for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On March 9, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving the B Popsing vehicle without obtaining a driver’s license from around 2 km to the front road of the Geumsan-gun, Geumsan-gun, Geumsan-gun, Geumsan-gun, a Sinsan-gun, in front of the auction site for folklores in the same military, from around 19:20 on March 19, 2017 to the front road of the luke Park in the two km.
2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;
Nevertheless, the defendant owned the above cargo vehicle and operated the above cargo vehicle which was not covered by mandatory insurance at the time and place above.
Summary of Evidence
1. Statement by the defendant in court;
1. The driver's license ledger;
1. Application of Acts and subordinate statutes regarding mandatory insurance;
1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act (unlicensed Driving), 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;
2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;
3. Article 62 (1) of the Criminal Act on the suspension of execution;
4. The reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and the order to attend lectures had a record of having been sentenced to a total of four times of fines by committing the same kind of crime, and among which three times of punishment was imposed after September 2016.
Despite this, the defendant committed another crime of this case again.
On the other hand, however, the crime of this case did not lead to a traffic accident, and the defendant shows his attitude that the defendant was at the time of committing the crime of this case and was able to repent his mistake.
Until now, there was no history of punishment for the defendant, who was sentenced to a fine.
In addition, taking into account all the sentencing conditions revealed in the trial process of the instant case, protection, observation and correction are limited to only once more than the sentence imposed by the head of the party.