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(영문) 대전지방법원 2017.05.24 2017고단639

자동차손해배상보장법위반

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant is a holder of the last passenger car in C C C.

No one shall operate any motor vehicle which is not covered by mandatory insurance on a road.

Nevertheless, on January 10, 2015, the Defendant operated the said vehicle over two occasions on the roads of 63.5 kilometers in high-sea, the outer breadth road around 12:14, and on the roads of 63.5 kilometers in high-sea, 14:25, February 17, 2013, and on the roads of 28.6 kilometers in Seoul, other than Seoul, those of which are not mandatory insurance.

2. The Defendant is a holder of a D-wing vehicle.

No one shall operate any motor vehicle which is not covered by mandatory insurance on a road.

Nevertheless, at around 13:37 on June 13, 2016, the Defendant operated the foregoing vehicle that was not covered by mandatory insurance on the front road located in Seo-gu, Seo-gu, Gwangju, Seo-gu, Gwangju, and around 15:49 on December 29, 2014, on two occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into non-insurance operations vehicles;

1. Original register of each motor vehicle registration;

1. Application of Acts and subordinate statutes to inquiries about history of medical insurance contracts;

1. Relevant legal provisions concerning facts constituting an offense, Article 46(2)2 of the former Guarantee of Compensation for Automobile Damages Act (Amended by Act No. 12987, Jan. 6, 2015); main text of Article 8 (2) 2; Article 46(2)2 of the Guarantee of Compensation for Automobile Damages Act; main text of Article 8 (2) of the former Guarantee of Compensation for Automobile Damages Act (amended by Act No. 12987, Jan. 6, 2015); selection of fines, respectively.

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;