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(영문) 부산지방법원 2016.04.20 2016고정608

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 holder of B non-owned car.

1. On June 6, 2013, at around 12:33, the Defendant operated the said car without mandatory insurance on the front of the Gupo-distance located in the Busan Northern-dong.

2. On July 21, 2014, at around 13:49, the Defendant operated the said car without mandatory insurance on the front road at the intersection of the land located in the narrow-gu Seoul Special Metropolitan City, Seoyang-gun, Ulsan-do.

3. On November 21, 2014, the Defendant operated the said car without mandatory insurance on the road at a window 57.2 km from the mid-to long-term inland highway at a point 57.2 km.

4. On September 6, 2015, the Defendant operated the said car that was not covered by mandatory insurance on the front road at the intersection in the vicinity of the land in Ulsan-gun, Ulsan-gun, Ulsan-do, Ulsan-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into non-insurance operation vehicles, inquiry into the history of compulsory insurance contracts, and application of Acts and subordinate statutes of the Motor Vehicle Registration Register;

1. Relevant legal provisions concerning criminal facts, Articles 46(2)2 and 8 of the former Guarantee of Automobile Compensation (amended by Act No. 12987, Jan. 6, 2015; hereinafter the same shall apply) of the former Guarantee of Automobile Compensation Act (amended by Act No. 12987, Jan. 6, 2015; hereinafter the same shall apply), Articles 46(2)2 and 8 of the Guarantee of Automobile Compensation Act (the operation of a vehicle with no mandatory insurance as indicated in the crime No. 4 of the same Act), each of which is to select a fine.

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;