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(영문) 부산지방법원 2016.09.20 2015고정2554
자동차손해배상보장법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On February 5, 2015, the Defendant was sentenced to imprisonment with prison labor for one year and six months at the Busan District Court for a violation of the Punishment of Violences, etc. Act (joint injury) and the judgment became final and conclusive on June 3, 2015.

No motor vehicle which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, around December 7, 2012, the Defendant operated a C Bata automobile which was not covered by mandatory insurance in the vicinity of the location of the Busan Bank Seo-dong located in the Busan Bank, and operated the said automobile in the vicinity of the intersection located in the Gyeonggi-gu, Chungcheongnam-do. on February 27, 2013, the Defendant around February 27, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. Report by telephone;

1. Details of inquiries into the motor vehicle registration ledger;

1. Previous convictions in judgment: Application of outputs of search of net case, and copies of text of judgment to statutes;

1. Relevant Article 46(2)2 and the main text of Article 8 of the former Guarantee of Automobile Damage Compensation Act (Amended by Act No. 12987, Jan. 6, 2015); and selection of fines, respectively, as to the facts constituting an offense

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. The portion not guilty under Articles 70(1) and 69(2) of the Criminal Act, which is attracting a workhouse;

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

Nevertheless, on August 26, 2011, the Defendant operated a small-scale car that is not covered by mandatory insurance at the location near the 380km Seoul Metropolitan Area of the Gyeong-do Highway.

In addition, the Defendant’s location around August 27, 201 at the 329 Km from the Daegu metropolitan highway around August 27, 201; around September 1, 201, the branch office at the 239 KM located in Busan Busan metropolitan area around September 28, 201; around September 28, 201, the area adjacent to the 2 tunnels located in the 2-dong, Busan metropolitan area around September 28, 201; around May 18, 2012, the area adjacent to the 2-dong, Seocheon-dong, Busan Metropolitan City airport around May 18, 201; around the Dong Police Station located in the Dong-dong, Busan metropolitan area around June 15, 2012; and around September 2, 2012.

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