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(영문) 대구지방법원 김천지원 2017.09.26 2017고정406

자동차손해배상보장법위반등

Text

Defendant shall be punished by a fine of 3.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

"2017 High 406"

1. The Defendant, as a real holder of the BM5 vehicle, was operating the said vehicle on the road front of the D convenience store located in the Gu-si, Si around March 29, 2016, notwithstanding that the Defendant did not subscribe to mandatory insurance with respect to the said vehicle as a mandatory holder.

"2017 High 422"

2. On April 24, 2016, at around 12:00, the Defendant driven a BMF5 car without a vehicle driver’s license from the front line of the shape key in the Gu, Si, Si, Si, si, in the same roof to the front line.

3. The Defendant driven the pertinent car that was not covered by mandatory insurance at the time of the day set forth in paragraph 2.

[2017 High Doz. 424]

4. On April 2, 2016, the Defendant: “Around April 2, 2016, the victim E is bound by a fine of two million won, which would have been imposed without a fine; and one million won would have been loaned. Around April 4, 2016, the Defendant provided insurance proceeds to the victim E with a total of KRW 1,50,000,000,000,000. In addition, around April 8, 2016, the Defendant would have to pay the insurance proceeds to the victim E with a return on insurance proceeds.

The phrase “ makes a false statement.”

However, in fact, the defendant was thought to use money for personal purposes, not for a fine, from the victim, not for a fine, but for a fine unpaid, and there was no other intent or ability to pay money to the victim as agreed by the victim, such as there was no property.

As such, the Defendant, by deceiving the victim, received KRW 1 million from the Industrial Bank of Korea account (Account Number F) in the name of the Defendant on the same day.

Summary of Evidence

"2017 High 406"

1. Statement by the defendant in court;

1. Mandatory insurance inquiries (B) 2017 high-level 422;

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. Motor vehicle driver's license ledger and mandatory insurance inquiry 2017 high-level 424;

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to E;

1. Article 46 of the Act applicable to facts constituting an offense and Article 46 of the Guarantee of Automobile Damage Compensation Act (Article 46 (2) 2 and Article 8 of the same Act).