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(영문) 서울서부지방법원 2015.07.01 2014고정2024

자동차손해배상보장법위반

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On December 21, 2012, the Defendant was sentenced to one year to imprisonment at the Seoul Western District Court and appealed on December 12, 2013, and the said judgment became final and conclusive on May 16, 2014, after being sentenced to one year and six months by the same court.

The defendant was the representative director of C, and is a holder of D and E events registered in the name of the above corporation.

No owner of an automobile shall operate any automobile on the road which is not covered by mandatory insurance.

Nevertheless, around April 2, 2008, the Defendant lent the said D-Wz car to F, and had the Non-member of the name re-leased from F drive the said D-Wz car not covered by mandatory insurance at the point of 338.6 km, Seoul, the 17:06 on April 2, 2009, by allowing F to drive the said D-Wz car.

Accordingly, the Defendant operated a passenger car not covered by mandatory insurance on the road from January 29, 201 to January 15, 201.

Summary of Evidence

1. Partial statement of the defendant;

1. Investigation report (to hear and recordG telephone statements);

1. Referral of a violator of the Guarantee of Automobile Accident Compensation Act, details of operation without mandatory insurance, and inquiry as to whether to purchase mandatory insurance;

1. Automobile register;

1. Previous convictions in judgment: The leader, career, results of inquiry, fixed date, application of Acts and subordinate statutes;

1. Relevant legal provisions and the main sentence of Article 46 (2) and the main sentence of Article 8 of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 11369, Feb. 22, 2012) concerning 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 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. Judgment on the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act.