beta
(영문) 대전지방법원 2014.11.13 2014고정1589

자동차손해배상보장법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is a person who operates a BSA car.

No automobile which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, the Defendant: (a) around February 12, 2012, around 12:23, the Jung-gu Daejeon Cultural Winter Culture Center; (b) the same year.

4. 16. 22:16. Around 22:16, the vehicle was operated on the front side of the Dong-dong Elementary School, Dong-dong, Dong-dong, Dong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Application of the register of automobiles (A), mandatory insurance contract inquiry, and inquiry of non-insurance operating vehicles Acts and subordinate statutes;

1. Relevant legal provisions and the main text of Article 46(2) and Article 8 of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 11369, Feb. 22, 2012); and the choice of fines, respectively, concerning criminal facts;

2. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 2 of the Criminal Act;

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

4. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant does not have the same criminal record, confession and reflect in depth.

In addition, the risk of recidivism seems to be low by scrapping the said car.

In this context, considering all the circumstances such as the defendant's age, character and conduct, and circumstances after the crime, the punishment is determined as ordered.