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(영문) 광주지방법원 2017.11.09 2017고정1507

자동차손해배상보장법위반

Text

The sentence against the accused shall be 2,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

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

Nevertheless, on April 1, 2014, the Defendant operated the said car that was not covered by mandatory insurance on 32 occasions from around 18:47 to May 21, 2016, as indicated in the list of crimes in the attached Table, including driving of the C car which was not covered by mandatory insurance in Bosung-gun B ( Bosung Gwangju).

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into non-insurance operating vehicles and notification on the detection of non-insurance operating vehicles;

1. Application of Acts and subordinate statutes to inquire into mandatory insurance contracts and to inspection of the motor vehicle registration ledger;

1. Relevant legal provisions concerning facts constituting an offense, each of the former Guarantee of Automobile Compensation for Damages (amended by Act No. 12987, Jan. 6, 2015), Article 46(2)2, the main text of Article 8 (the operation of a vehicle which has not mandatory insurance No. 1 through 20) of the former Guarantee of Automobile Compensation for Damages (amended by Act No. 12987, Jan. 6, 2015), Article 46(2)2, the main text of Article 8 (the operation of a vehicle which has not mandatory insurance No. 21 through 32, each of which is subject to the mandatory insurance No. 46(2)2 of the Guarantee of Automobile Compensation for Damages

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. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following factors: (a) the sentencing conditions in the instant case, including the Defendant’s age, sexual conduct, environment, the background and result of the instant crime; and (b) the circumstances after the instant crime, etc., the sentence is determined as ordered.

A favorable normal situation: The defendant has been divided into and reflected in his mistake.

Defendant has difficulties in maintaining his/her livelihood at present.

It is not good that the crime is committed in light of the legislative intent of the Guarantee of Automobile Compensation in order to protect the victim by establishing a compensation guarantee system for damage caused by the operation of a motor vehicle with a large number of times of crime committed by the defendant.