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(영문) 제주지방법원 2016.10.13 2016고정501

자동차손해배상보장법위반

Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a holder of Oralba.

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

Nevertheless, at around 12:34 on April 21, 2016, the Defendant operated the above 3 km from D in Seopo-si, Seopo-si, Seopo-si, to the front road of the World Cho Jong-ro, 284.

Summary of Evidence

1. Defendant's legal statement;

1. E's statement of traffic accident-related person;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of the Acts and subordinate statutes of the hostile Inquiry (B) and Mandatory Insurance Policy Association (B);

1. Relevant Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order is that the Defendant committed the instant crime by driving an Ortoba without mandatory insurance. The Defendant caused a traffic accident while driving the said Ortoba, and the operation of a vehicle not covered by mandatory insurance may cause a situation that could not guarantee minimum compensation for damages to the victim at the time of the occurrence of the traffic accident, and thus, the Defendant is disadvantageous to the Defendant.

However, in light of the fact that the Defendant led to the instant crime, the circumstance that the Defendant was unable to secure compensation by mutual consent with the victim of the traffic accident, the Defendant was the primary offender who had no power to commit the instant crime before the instant crime, the sentencing precedents in similar cases, the Defendant’s age, character and conduct, environment, circumstances after the instant crime, and other various sentencing conditions as shown in the records and arguments, shall be determined as ordered by taking into account all of the following factors.