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(영문) 서울중앙지방법원 2021.01.14 2020고정2172

자동차손해배상보장법위반

Text

Defendant shall be punished by a fine of KRW 400,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a holder of B Launa car.

Where any third person dies or is injured due to the operation of a motor vehicle, the owner of the motor vehicle shall purchase a mandatory insurance policy that bears the responsibility for paying a certain amount to the victim, and no motor vehicle which is not covered by compulsory insurance shall operate on the road.

Nevertheless, at around 14:30 on April 20, 2020, the Defendant operated the said car that was not covered by mandatory insurance on the front road of Gwanak-gu in Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the report on detection of an offender, report on internal investigation (the phone call with the suspect A) and mandatory insurance-related Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, and Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Compensation for Loss of Motor Vehicles that choose to be punished (Selection of Penalty)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) comprehensive consideration of the conditions for sentencing as shown in the argument of this case, including the fact that the mandatory insurance was subscribed to after the instant case; and (b) the sentence