beta
(영문) 인천지방법원 2019.06.13 2019고정621

자동차손해배상보장법위반

Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

[criminal power] On August 22, 2018, the Defendant was sentenced to a suspended sentence of six months by imprisonment with prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the Incheon District Court, and the judgment became final and conclusive on November 15, 2018.

【Criminal Facts】

The defendant is a holder of B cargo truck.

No motor vehicle owner shall operate any motor vehicle on the road on which mandatory insurance is not subscribed.

Nevertheless, around 13:47 on August 20, 2018, the Defendant operated an automobile not covered by mandatory insurance by allowing a person who is not aware of his name to operate the foregoing cargo vehicle that was not covered by the liability insurance before the Bupyeong-gu Incheon Metropolitan City Parking Lot C.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes of the hostile Inquiry (B) and Mandatory Insurance Policy Association (B);

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;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, the Defendant had a record of having been punished for the same case several times, and again committed the instant crime.

However, the defendant recognized the crime of this case and is in depth against it.

In full view of the equity in the case of judgment concurrently with the case of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, etc. for which judgment becomes final and conclusive, the following conditions of sentencing shall be determined as ordered by taking into account the records and arguments of this case, such as the age, character and conduct, environment, motive, means and consequence of