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(영문) 인천지방법원 2015.04.24 2015고정986

자동차손해배상보장법위반

Text

1. The defendant shall be punished by a fine of 700,000 won;

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

Reasons

Punishment of the crime

[Criminal Power] On February 15, 2011, the Defendant was sentenced to a suspended sentence of two years for six months by imprisonment for a violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. at the Incheon District Court, and the judgment became final and conclusive on July 23, 201.

【Criminal Facts】

The defendant is the owner of Bchip vehicle.

On February 22, 2010, the Defendant, without purchasing a mandatory motor vehicle insurance, operated the said vehicle at a point of 120 km from the Seoul Southern Metropolitan Area Highway 120km.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to mandatory insurance contracts and non-insurance operating vehicles;

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) concerning criminal facts;

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

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include the fact that the defendant reflects and repents the crime, the violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc., for which the judgment has become final and the violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. and the concurrent crimes under the latter part of Article 37 of the Criminal Act should be considered at the same time, taking into account the circumstances favorable to the defendant, and the punishment shall be determined as ordered by taking into account all the circumstances