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(영문) 인천지방법원 부천지원 2013.09.06 2013고정1304

자동차손해배상보장법위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 500,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Defendant A is a holder of a passenger car amounting to CMF5.

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

Nevertheless, at around 14:41 on May 15, 2010, the Defendant operated an automobile not covered by mandatory insurance more than 10 times from that time to January 20, 201, including the operation of the said vehicle on the west Coast Guard.

2. Defendant B is a holder of a passenger car amounting to CMF5.

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

Nevertheless, around 12:54 on July 21, 2012, the Defendant operated a motor vehicle that was not covered by mandatory insurance on four occasions from that time to January 31, 2013, including operating the said motor vehicle at 1466-3, Gwanak-gu, Seoul Special Metropolitan City, and from that time, from January 31, 2013 to January 06:48.

Summary of Evidence

1. Defendants’ respective legal statements

1. Response (Request for inquiry of violation of traffic regulations), reply to the quantity of non-insurance running car, application of the Acts and subordinate statutes governing medical insurance contracts;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Each of the former Guarantee of Automobile Accident Compensation Act (Amended by Act No. 11369, Feb. 22, 2012); Article 46(2) and the main sentence of Article 8 (Selection of Fines)

B. Defendant B: Each of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 11369, Feb. 22, 2012); Article 46(2) and the main text of Article 8 of the same Act (amended by Act No. 11369, Feb. 22, 2012); Article 46(2)2 of the Guarantee of Automobile Accident Compensation Act and the main text of Article

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;