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(영문) 대전지방법원 논산지원 2014.08.26 2014고단258

자동차손해배상보장법위반

Text

1. The defendant shall be punished by imprisonment for two months;

2. Provided, That the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

[Prior Crimes of the latter concurrent crimes of Article 37 of the Criminal Act] On July 4, 2014, the Defendant was sentenced to imprisonment with prison labor for the violation of the Guarantee of Automobile Accident Compensation Act in the Daejeon District Court Branch of the Daejeon District Court on July 4, 2014 and the judgment became final and conclusive on July 12, 2014.

【Criminal Facts】

The defendant is the operator of C, D, and E-si who is a stock company B.

On April 5, 2014, the Defendant: (a) around 23:18, 2014, the Defendant: (b) had a driver in a name-free manner who was not covered by mandatory insurance on the roads located in the Hacheon-gu, Chungcheongnam-gun, Chungcheongnam-do; (c) had a driver in a name-free manner, who was not covered by mandatory insurance on the roads located in the tinbbbbbbb in the Gyeong-si, Chungcheongnam-gun, Chungcheongnam-do; and (d) had a driver in a name-free manner, who was not covered by mandatory insurance on April 18, 2014; and (d) had a driver in a name-free manner, on May 1, 2014, who was not covered by mandatory insurance on the roads located in the Gyeongcheon-do, Chungcheongnam-gun, Chungcheongnam-gun, Seocheon-gun, Seocheon-do, 901-ro 457.

Summary of Evidence

1. Statement by the defendant in court;

1. Each register of automobiles, each non-insurance operation vehicle, and each entry into an inquiry into each mandatory insurance contract;

1. Previous records of judgment: Application of the Acts and subordinate statutes in which inquiries are made and copies of written judgments are recorded;

1. Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning facts constituting an offense;

1. The latter part of Article 37 and the former part of 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. All the circumstances revealed in the arguments, including the following: (a) the Defendant’s reason for sentencing under Article 62(1) of the Criminal Act reflects the crime; (b) the current situation is that all the taxi owned by himself has subscribed to mandatory insurance; (c) there is no criminal record of suspended execution or more; and (d) the equity between the case before and after the judgment became final and conclusive.