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(영문) 부산지방법원 2017.04.20 2017고정6
자동차손해배상보장법위반
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

The defendant is the owner of Cubs car in B.

No person shall operate any motor vehicle other than those as prescribed by the Presidential Decree, on a road which is not covered by mandatory insurance.

Nevertheless, the Defendant:

1. On June 4, 2012, around 12:34, at the location 95.6km from Daejeon High-gu Highway:

2. On June 9, 2012, 200: D resting area located in Busan, Seo-gu C around Busan, 200m later:

3. On July 10, 2014, around 14:50, 14:50, the said car was operated without being covered by each mandatory insurance on the two tunnels in front of the 2 tunnel in the same year, as the 59-3 East Sea of the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to inquire about non-insurance operating vehicles and to inquiries about history of medical insurance contracts;

1. Article 46 (2) 2 of the relevant Act and the main sentence of Article 8 of the former Guarantee of Compensation for Automobile Damages (amended by Act No. 12987, Jan. 6, 2015) for the crime committed, each of the following is applicable;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act was that the Defendant was not insured again after the termination of mandatory insurance on January 27, 2012, and thereafter, the Defendant was discovered while driving a motor vehicle as indicated in its reasoning on two occasions in around 2012 and on one occasion in around 2014.

In light of the above circumstances and the financial situation of the defendant at that time, the extent of infringing the legal interests of the motor vehicle liability insurance system that intends to protect the victim by guaranteeing medical treatment for the victim of the traffic accident and the compensation for the damage can be somewhat weak.

shall not be deemed to exist.

On the other hand, however, the defendant takes the attitude of recognizing and opposing the crime, and only is sentenced to a fine of five times for the crime of different types, and has no record of being punished for the same crime.

In addition, each of the crimes of this case is amended by the statutory penalty of the above applicable provisions.

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