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(영문) 춘천지방법원 2017.12.13 2017고정434

자동차손해배상보장법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a holder of a cuss car in B, and the owner of a motor vehicle shall not operate a motor vehicle on the road which is not covered by mandatory insurance.

Nevertheless, on October 19, 2012, the Defendant operated a scoo car on the front of the Scoodong-gu Daegu Industrial Information University of Daegu on the roads in front of the Scoodong-gu, Daegu Industrial Information, Daegu on July 16:18, 2014, on the roads of the Central Highway 269.8 km in the Gcoo-gun, Chungcheong-gun, Chungcheongnam-do on July 21, 2014, and on the roads not covered by each mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. Inspection of the motor vehicle registration ledger, inquiry into motor vehicles with no insurance, inquiry into medical insurance contracts, and application of specific Acts and subordinate statutes to the place of crime;

1. Relevant Article 46(2)2 and the main text of Article 8 of the former Guarantee of Automobile Compensation (amended by Act No. 12987, Jan. 6, 2015) for criminal facts and the selection of fines, respectively.

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. 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 include: (a) the fact that the Defendant has recognized and reflected the instant crime; and (b) the Defendant has no record of criminal punishment of qualification suspension or heavier punishment since 1995; and (c) there are factors for sentencing favorable to the Defendant.

However, there are elements for sentencing unfavorable to the defendant, such as the fact that the defendant purchased the scoo vehicle above and did not purchase mandatory insurance for a period of four years until the public auction, and the number of times the operation is discovered reaches two times.

In addition, all other circumstances, such as the age, sex, environment, motive and background of the crime, and circumstances after the crime, etc., which are conditions for sentencing as shown in the pleadings of this case, shall be determined as per the order.