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(영문) 부산지방법원 2017.02.16 2016고정4002
자동차손해배상보장법위반
Text

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

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

Reasons

Punishment of the crime

On January 17, 2012, the Defendant was sentenced to a suspended sentence of 8 months for a violation of the Road Traffic Act (drinking driving), etc. at the Busan District Court on January 26, 2012, and the judgment became final and conclusive on January 26, 2012.

No person shall operate any motor vehicle which has not been covered by mandatory insurance.

Nevertheless, around 20:04 on December 20, 201, the Defendant operated D truck which was not mandatory on the mandatory insurance on the front road of Busan Gangseo-gu, Busan, and C Apartment-gu, and on December 12, 201, the Defendant operated D truck which was not mandatory on the front road of Gangseo-gu, Busan on December 14:10.

Summary of Evidence

1. Statement by the defendant in court;

1. Motor vehicle registration ledger, medical insurance contract, and inquiry about the operation of non-insurance business;

1. Previous convictions as indicated in the judgment: Reading outputs of the net case, inquiries about criminal history, and application of Acts and subordinate statutes to investigation reports (formers and confirmations);

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. 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. 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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