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(영문) 서울남부지방법원 2018.08.10 2018고정675

자동차손해배상보장법위반

Text

Acquittal of the accused shall be acquitted.

Reasons

1. The Defendant is a holder of Bsch Rexrothn car.

No automobile which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, on October 4, 2013, the Defendant operated the said car that was not covered by mandatory insurance on the road at 13 km away from the 13-km Seoul Highway Road (Seoul Highway) around 10:58.

2. The main sentence of Article 51(1) of the Guarantee of Automobile Compensation Act provides that “The head of a Si/Gun/Gu or the head of a police station may notify a person recognized as an offender of the payment of penalty by means of a penalty payment notification, clearly stating the reasons for the penalty payment.”

"A person who has paid a penalty pursuant to Article 51 (1)" and Article 53 (1) of the same Act shall not be punished again for the same offense.

Each of the terms “....”

According to the records, the head of the Gu has imposed a disposition of notification of a penalty of KRW 400,00 on the offense described in the facts charged and the defendant has paid the penalty around March 10, 2018.

Article 53(1) of the Guarantee of Automobile Compensation Act provides that the effect corresponding to a final judgment of payment of penalty shall be recognized. As such, the facts charged constitute a final judgment and the judgment of acquittal shall be rendered in accordance with Article 326(1) of the Criminal Procedure Act.