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(영문) 대구지방법원 상주지원 2013.11.26 2013고정139
자동차손해배상보장법위반
Text

Defendant shall be punished by a fine of eight hundred thousand won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On March 17, 2011, the Defendant was sentenced to a suspended sentence of two years on March 25, 201 by the Daegu District Court for a crime of violation of the Road Traffic Act, etc., and the judgment became final and conclusive on March 25, 201.

On August 19, 2008, from around 23:04 to 23:16, the Defendant operated the said vehicle on the first apartment road in the Seoyang-dong, Seoyang-dong, Seocheon-dong, the first apartment at the time of residence on February 14:19, 2010, which was permanently operated around 08:22 on March 9, 2010.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry about the quantity of non-insurance running cars;

1. Inquiry into mandatory insurance contracts;

1. Automobile register;

1. Application of each of the statutes governing the judgment;

1. Relevant legal provisions and the main text of Article 46(2) and the main text of Article 8 of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 11369, Feb. 22, 2012; hereinafter the same shall apply) concerning criminal facts; each of the choice of fines, respectively, shall be subject to each of the following:

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 [the equity in the case where a person is sentenced simultaneously with the above final judgment and the fact that the relevant vehicle is scrapped by paying the scrapping cost after committing the crime, etc. shall be reflected in sentencing];

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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