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(영문) 대구지방법원 2016.04.15 2016고정373
자동차손해배상보장법위반
Text

Defendant shall be punished by a fine of 300,000 won.

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

Reasons

Punishment of the crime

[criminal records] On October 15, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Promotion of Game Industry at the Daegu District Court, and the judgment became final and conclusive on October 23, 2015.

[Criminal facts] The Defendant is a holder of B Kaman vehicle.

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

1. On March 7, 2015, the Defendant operated the said vehicle not covered by mandatory insurance on the road 500 meters prior to the safe 500m of the school located in the border of Daegu Suwon-gu (Seongdong) (Seongdong).

2. On May 14, 2015, the Defendant, at around 16:14, had C operate the foregoing vehicle not covered by mandatory insurance at the same place as the foregoing paragraph 1.

Accordingly, the defendant operated a motor vehicle on the road which is not covered by mandatory insurance twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into non-insurance operations vehicles;

1. Inquiry into mandatory insurance contracts;

1. Original Register of Automobile Registration;

1. Previous convictions in judgment: Inquiry of criminal and investigation career data, reporting of the past convictions of each disposition and the results thereof, and applying the statutes of the judgment;

1. Relevant Article of the Act concerning the facts constituting an offense, and Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Compensation for Damages of Motor Vehicles that choose to be punished;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

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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