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A defendant shall be punished by imprisonment with prison labor for four months.
Reasons
Punishment of the crime
On August 13, 2014, the Defendant sentenced the Gwangju District Court to one year of imprisonment for a violation of the Road Traffic Act (recognition refusal) and completed the execution of the sentence in the Gwangju Prison on August 11, 2015.
1. Around 07:50 on September 10, 2015, the Defendant was driving a D-wing truck without obtaining a driver’s license from the front of the Defendant’s residence in Gwangju Mine-gu, to the front of the YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY.
2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a person who owns a D-wing and freight truck.
No person shall operate any automobile which is not covered by the mandatory insurance on a road.
Nevertheless, the Defendant operated the cargo vehicle without mandatory insurance as described in Paragraph 1.
Summary of Evidence
1. Defendant's legal statement;
1. Registers of driver's licenses;
1. Mandatory insurance policies;
1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (report on confirmation of the same kind of power), and application of two copies of written judgments to two Acts and subordinate statutes;
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) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment with prison labor, respectively;
1. Article 35 of the Criminal Act among repeated crimes;
1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders have already been punished six times from 202 to 2007 by driving without a license, and the sentence is also included among them. The crime of this case is committed only one month after the execution of the sentence was completed, since the defendant was sentenced to imprisonment due to the refusal of drinking measurement, and was committed only one month after the execution of the sentence was completed. Thus, the defendant seems to repeat without compliance with traffic regulations.
In addition, a traffic accident occurred at the time of the instant crime, and the Defendant.