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(영문) 서울중앙지방법원 2017.11.07 2017고정2764

자동차손해배상보장법위반

Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On October 26, 2017, the Defendant was sentenced to ten months of imprisonment with prison labor for special injury, etc. by the Incheon District Court on November 26, 2017 and the said judgment became final and conclusive on November 3, 2017.

The Defendant requested the driver C to drive a motor vehicle called the “motor vehicle owner” in the Ireland.

No driver shall operate any motor vehicle on a road, which is not covered by mandatory insurance (hereinafter referred to as "liability insurance").

Nevertheless, the Defendant requested a driver C to drive on September 2, 2016 and operated the above vehicle on the front side of Gangnam-gu Seoul Metropolitan Government D without mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation;

1. Details of inquiries about screen pictures for the management of the mandatory insurance notice;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries, such as the defendant's legal statement and criminal history;

1. Relevant legal provisions concerning facts constituting an offense, and Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Compensation for Loss of Motor Vehicles that choose to be punished (Selection of Penalty)

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The latter part of Article 39(1) of the Exemption of Punishment Act (the crime of this case and the above crime for which judgment has become final and conclusive are considered to have not been subject to more severe punishment even though they were tried together with the crime of this case in light of the fact that the defendant is recognized to commit his own crime and reflects the fact that the defendant is found to have committed the crime, the fact that the defendant was discovered while using the vehicle by taking over the vehicle from the person who is not the owner of the vehicle, and the circumstances, attitudes and degree of the crime of this case, etc.