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(영문) 대구지방법원 2016.10.07 2016고정1395

자동차손해배상보장법위반

Text

Defendant shall be punished by a fine of KRW 500,000.

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

Reasons

Punishment of the crime

[Criminal Power] On June 28, 2013, the Defendant was sentenced to imprisonment with prison labor for a period of two years, such as a violation of the Punishment of Violences, etc. Act (joint injury) at the Daegu District Court, and the judgment became final and conclusive on July 6, 2013.

【Criminal Facts】

The defendant is a holder of C New Franchise XG car.

No person shall operate any automobile other than those as prescribed by the Presidential Decree, on which the mandatory insurance is not subscribed, on roads.

1. On July 28, 2012, around 11:29, the Defendant operated the said car that was not covered by mandatory insurance from the Egrative distance in Daegu-gu, Daegu-gu.

2. On September 3, 2012, the Defendant operated the said car that was not covered by mandatory insurance from the Egrative distance on September 3, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. The association of non-insurance running cars, the association of medical insurance contracts and the register of automobiles;

1. Previous records of judgment: Criminal records, inquiry reports, and application of statutes governing judgment;

1. Article 46(2) and the main text of Article 8 of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 11369, Feb. 22, 2012); Article 46(2)2 and the main text of Article 8 of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 12987, Jan. 6, 2015); Articles 46(2)2 and 8 of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 12987, Jan. 6, 2015); selection of each fine for negligence.

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

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

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