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(영문) 의정부지방법원 2018.09.20 2018고정752

자동차손해배상보장법위반

Text

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

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

Reasons

Punishment of the crime

The defendant is a person who owns and manages B-hurd XD car.

No vehicle which has not been purchased by mandatory motor vehicle insurance shall be operated on a road.

Nevertheless, on May 19, 2017, the Defendant operated the said car that was not covered by the mandatory insurance, on the front of the “Korea-Japan Hospital” located in the Gu-si, Gu-si, 19:50, a gym section of approximately 1 km to 163-8, a sports center.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting the detection thereof, making inquiries into the difference of liability insurance, and making inquiries into the mandatory insurance;

1. Application of an inquiry letter, such as criminal history, and reporting on the result of confirmation before and after the disposition;

1. Relevant Article 46 of the Act concerning facts constituting an offense, and Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Compensation for Motor Vehicle Damages, and Selection of fines;

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are examined, and the fact that the defendant recognized the criminal facts of this case and reflected his mistake is recognized as favorable circumstances to the defendant.

However, the crime of this case where the defendant operated a motor vehicle which is not covered by mandatory insurance does not correspond to the nature of the crime in light of the content and method of the crime, and has the records of having been punished several times due to the same kind of crime, etc., the balance of the general amounts of punishment in the same and similar cases, and other circumstances, including the defendant's age, sex, conduct, intelligence and environment, motive, means and consequence of the crime of this case, circumstances after the crime, criminal records, family relations, economic circumstances, etc., shall be determined as ordered by the disposition.