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(영문) 서울남부지방법원 2019.08.27 2019고정940

자동차손해배상보장법위반

Text

Defendant shall be punished by a fine of one million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The defendant was sentenced to imprisonment with prison labor for one year and six months in Seoul High Court for violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the judgment was finalized on December 27, 2017.

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

At around 19:08 on January 30, 2014, the Defendant operated the said vehicle, which was not covered by mandatory insurance, 13 times in total, from May 26, 2014, as indicated in the attached list of crimes, by around 19:08, the Defendant operated the said vehicle, which was not covered by mandatory insurance, in total, 13 times from May 26, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Notice of inquiry into a mandatory insurance contract, inquiry about the quantity of automobiles running without insurance, and inquiry about unmanned control data, and violation thereof;

1. Previous convictions: Criminal history records, Seoul Southern District Court Decision 2016Gohap616, Seoul Southern District Court Decision 2017No1952, Seoul High Court Decision 2017No1952, and application of statutes on the proceedings of the case;

1. Article 46 (2) 2 and the main sentence of Article 8 of the former Guarantee of Automobile Accident Compensation Act (Amended by Act No. 12987, Jan. 6, 2015); and the choice of fines for criminal facts

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

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

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

1. The amount of fines for a summary order shall be reduced somewhat by taking into account the following factors: (a) although the liability for the crime is not light in light of the reason, period and frequency of sentencing under Article 334(1) of the Criminal Procedure Act; (b) the fact that the judgment in the judgment is against the law; and (c) the equity with the case that the judgment in the judgment became final