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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
1. No person who violates the Guarantee of Automobile Accident Compensation Insurance shall operate any motor vehicle on a road which is not covered by mandatory insurance;
Nevertheless, at around 13:30 on February 16, 2017, the Defendant operated a passenger vehicle B, which was not covered by mandatory insurance, from approximately 1km to the front of the Seowon Oil Station located in the same Dong, from the front of the Seowon Oil Station in the Seowon-si, Suwon-si, Suwon-si, 271-10.
2. The Defendant for violating the Road Traffic Act (unlicensed Driving) driven the automobiles listed in paragraph 1 of the above Article without obtaining a driver's license, at the same time, at the same place and place as the above Paragraph 1 of the same Article.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of the motor vehicle driver's license ledger and mandatory insurance-related Acts and subordinate statutes;
1. Relevant legal provisions concerning facts constituting the crime, Article 46 (2) 2, the main sentence of Article 8 (the point of operating an automobile with no mandatory insurance), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, and the choice of imprisonment for each type of punishment;
1. The former part of Article 37 of the Criminal Act, Articles 38(1)2, and 50 of the Act on the Aggravated Punishment of Concurrent Crimes - All favorable circumstances for sentencing - the Defendant recognized all criminal facts. Disadvantageous circumstances - The Defendant was sentenced to six-month imprisonment due to drinking driving on January 13, 2017 and the sentence became final and conclusive on January 21, 2017. On the 25th of the same month, even if he was sentenced to a fine of KRW 300,000 for the same crime committed in violation of the Guarantee of Automobile Compensation Act on January 25, 201, the Defendant committed the instant crime after around one month without any reflective sembling. The sentence is ordered in consideration of all the sentencing conditions revealed in the trial process.