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(영문) 서울동부지방법원 2016.04.20 2016고정335
자동차손해배상보장법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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 shall not operate a motor vehicle which is not covered by mandatory insurance, as a user of a small-scale motor vehicle B, on the road.

Nevertheless, on January 24, 2015, the Defendant did not purchase mandatory insurance, and operated the said car on the northwest of the Seongdong-gu Seoul Seongdong-gu Maddong Maddong market.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of each police officer against the defendant or C;

1. Mandatory insurance reference certificate (whether a person is a motor vehicle owner: The following circumstances, which may be known by the above evidence, that is, C, the investigative agency sold the relevant motor vehicle to the defendant:

In light of the facts stated by the Defendant’s statement, the Defendant is a person holding an automobile under the Guarantee of Automobile Compensation Act (see, e.g., Supreme Court Decision 2004Do1018, Apr. 23, 2004). In intentionally or intentionally: if the Defendant was to operate the said automobile solely without confirming the insurance status, etc. of the said vehicle at the time of acquiring the said vehicle from C, then the Defendant intended to accept, accept, and operate the said vehicle at the same time and place as indicated in the holding, even if the said vehicle was not covered by mandatory insurance.

[L] Application of the law

1. Relevant legal provisions concerning facts constituting an offense, and Article 46 (2) 2 and 8 of the Guarantee of Compensation for Damages of Motor Vehicles that choose a penalty, and selection of a fine;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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