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(영문) 대구지방법원 김천지원 2020.02.06 2019고정300

자동차손해배상보장법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

[Criminal Power] On May 20, 2016, the Defendant was sentenced to imprisonment for 8 months with labor for a violation of the Road Traffic Act in the Daegu District Court’s Ansan Branch on May 20, 2016, and the said judgment became final and conclusive on August 26, 2016.

【Criminal Facts】

The defendant is the owner of B Carren vehicle.

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

Nevertheless, the Defendant:

1. On May 4, 2015, around 13:47, the Plaintiff operated the said vehicle, which was not covered by mandatory insurance in door-to-face C (referred to as “point-to-face”).

2. On June 13, 2015, around 09:49, the said vehicle was operated not covered by mandatory insurance on the Hasong-Eup’s Hasong-Eup’s New Airport at the time of stay.

3. On July 2, 2015, around 14:55, the said vehicle was operated, which was not covered by mandatory insurance at the Yecheon Macheon Macheon 34 National Map (Acheon-Sacheon).

4. On September 16, 2015, around 15:46, the Plaintiff operated the said vehicle not covered by mandatory insurance on the new distance road of Kimcheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the rolling stock in an non-insurance business, inquiry into the history of a mandatory insurance contract, perusal of the motor vehicle register, and inquiry into the details of traffic offenses;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (related to past records, such as drunk driving of a suspect), case search, and application of each statute of judgment;

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 concerning criminal facts;

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. It takes into account equity in cases where a judgment on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is rendered concurrently with a crime of violation of the Road Traffic Act, for which the judgment on the grounds of sentencing has become final and conclusive, and in the pleadings of this case, such as the age, character and conduct, environment, motive, means and consequence of the crime of the defendant,