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A defendant shall be punished by imprisonment for a period of four months and a fine of three hundred thousand won.
When the defendant does not pay the above fine.
Reasons
Punishment of the crime
1. Around 11:48 on June 25, 2019, the Defendant driving a motor bicycle without obtaining a motorcycle driver’s license in a section of about 500 meters from the due date from the x-ray 25 X-ray ex officio, to the same phase from the due date from the x-ray 25 E-ray, the Defendant used the motor vehicle without obtaining a motorcycle driver’s license in a section of about 500 meters for fisheries.
2. A person who violates the Guarantee of Automobile Accident Compensation Act shall not operate a motor vehicle on which mandatory insurance is not subscribed on the road, but the defendant operated the dial part as stated in paragraph (1) that is not covered by mandatory insurance at the date and place specified in paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. Report on circumstances of driving without a license, report on detection, internal investigation report, the register of driver's licenses for automobiles, and mandatory insurance;
1. Application of each statute on photographs;
1. Relevant legal provisions concerning facts constituting an offense, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act that choose a penalty, Article 46 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;
1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 62 (1) and (2) of the Criminal Act (with respect to imprisonment, consideration of favorable circumstances among the following reasons for sentencing):
1. Order to attend lectures under Article 62-2 of the Criminal Act;
1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, a punishment as ordered shall be determined by taking into account the following circumstances and the Defendant’s age, environment, character and conduct, motive, means and consequence of the crime, and all of the sentencing factors indicated in the pleadings of the instant case, including the circumstances after the crime was committed, and the execution of the sentence shall be suspended on condition that the order to undergo education is faithfully observed.
Normals disadvantageous: The defendant committed each of the crimes in this case, which are favorable for consideration, such as the fact that he/she has been fined five times due to driving without a license.