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(영문) 대구지방법원 김천지원 2016.10.11 2016고정117

자동차손해배상보장법위반

Text

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

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

Reasons

Punishment of the crime

No owner of an automobile shall operate an automobile which is not covered by mandatory insurance.

Nevertheless, at around 06:10 on October 20, 2015, the Defendant driven Bone Star Co., Ltd., which was not covered by the mandatory insurance, owned by the Defendant, from the front parking lot of 2040-20 the 102-Mamerdi An apartment complex from the 102-Seoul, Kimcheon-si to the Gyeongbuk-gun innovation.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Police investigation report (related to telephone communications with insurance solicitors of vehicles under investigation);

1. A report on internal investigation by the police;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Article 46 of the Act on the Guarantee of Automobile Accident Compensation and Articles 46 (2) 2 and 8 of the Act on the Guarantee of Automobile Accident Compensation, and Selection of a fine;

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

1. Although it is recognized that the defendant was the first offender for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the amount of fine in the summary order is too high considering comprehensively all other circumstances such as the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

Therefore, the punishment is determined as ordered.