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(영문) 인천지방법원 2014.04.11 2013고정3734
자동차손해배상보장법위반
Text

The defendant shall be innocent.

Reasons

1. No motor vehicle which is not covered by mandatory insurance on the summary of the facts prosecuted shall be operated on a road;

Nevertheless, at around 21:30 on June 26, 2013, the Defendant operated CPoter II freezing, which was not covered by mandatory insurance on the front side of the Manosan Motor Vehicle located in Bupyeong-gu Incheon Bupyeong-dong 893-13, Bupyeong-gu, Incheon.

2. According to the facts charged in the instant case’s health account and the evidence submitted by the Prosecutor, it is recognized that the Defendant had operated an automobile not covered by mandatory insurance at the time and place indicated in the facts charged.

On this issue, the defendant and his defense counsel asserted that there was no intention to violate the Guarantee of Automobile Accident Compensation Act at the time.

In light of the records of this case, the Defendant sent KRW 410,00 to insurance solicitors on June 18, 2013, which was before the expiration of the insurance period of Poter vehicle, and requested the Defendant to buy automobile mandatory insurance. The insurance plannerD was actually informed of the Defendant that it was normally subscribed even if it did not buy mandatory insurance, and did not continue to buy mandatory insurance even thereafter. Thus, it is insufficient to recognize that the evidence submitted by the prosecutor was operated with the knowledge that the above Poter vehicle was not covered by mandatory insurance at the time and place indicated in the facts charged.

If so, it constitutes a case where there is no proof of criminal facts and thus, is acquitted under the latter part of Article 325 of the Criminal Procedure Act.

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