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(영문) 인천지방법원 2014.07.24 2013고단8201

도로교통법위반등

Text

A defendant shall be punished by a fine of 500,000 won.

However, if the defendant does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

No person shall operate any automobile on a road which is not covered by the mandatory insurance of automobiles.

Nevertheless, at around 20:00 on August 31, 2013, the Defendant operated a ESFna car on the front of the cafeteria 18-31, Jung-gu, Incheon, Jung-gu, Incheon, which did not purchase a mandatory motor vehicle insurance policy.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

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

1. Application of mandatory insurance-related Acts and subordinate statutes;

1. Relevant Articles 46 (2) 2 and 8 (Selection of Fine) of the Guarantee of Automobile Accident Compensation Act concerning facts constituting an offense;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to 5 million won; and

2. Determination of sentence: The victim D of the part of the violation of the Road Traffic Act charged with a fine of KRW 50,000 (fluent circumstances); the vehicle of this case did not own the defendant but caused the instant accident while using the vehicle with permission for use from the injured party; and the summary of the facts charged in this part of the judgment as to the non-guilty part of the above vehicle (fluent circumstances), such as fraud, and the majority of the previous criminal records (fluent three times, one time of suspended execution, one time of fine) of the fine (FFs and five times of fines) (the summary of this part of the charges of this case, such as fraud, etc., and the acquisition of the registered vehicle, did not file an application for registration of transfer of ownership with the Mayor/Do Governor on March 2013, notwithstanding the acquisition of the registered vehicle, as prescribed by Presidential Decree, even though the defendant did not apply for registration of transfer of ownership within 15 days without good cause.

In this regard, the Defendant paid the monthly user fee that he used to the Defendant while entering China and Korea, and used the instant vehicle.