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(영문) 의정부지방법원 2017.09.28 2017고정1620
자동차손해배상보장법위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who owns and manages B car rental car.

No vehicle which has not been purchased by mandatory motor vehicle insurance shall be operated on a road.

Nevertheless, at around 13:40 on May 12, 2017, the Defendant operated the said vehicle, which was not covered by the automobile mandatory insurance, from the sub-sect of the sub-secte to the front road of the Home Plus, located in the Republic of Korea in the Sincheon-si, Seocheon-si, Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection (Violation of the Guarantee of Automobile Damage Compensation), ledger of driver's licenses for motor vehicles, making inquiries into the motor vehicle register, and mandatory insurance;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant Article 46 of the Act concerning facts constituting an offense, and Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Compensation for Motor Vehicle Damages, and Selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are as follows: (a) the Defendant recognized the criminal facts of this case and reflects his mistake; (b) the period during which the Defendant did not subscribe to the insurance is short of time; (c) the same day immediately after the control of the instant crime; and (d) the entry into the Republic of Korea around 2007 and there is no record of criminal punishment in the Republic of Korea, etc. are recognized as the favorable circumstances for the Defendant.

However, in light of the contents and methods of the crime, the legislative intent of the Guarantee of Automobile Compensation Act, etc., the crime of this case where the defendant driving a vehicle which is not covered by mandatory insurance, is not less than the nature of the crime in light of the contents and method of the crime, and the legislative intent of the Guarantee of Automobile Compensation Act, and the balance of the general punishment in the same and similar cases, and other various circumstances, including the defendant's age, sex, conduct, intelligence and environment, motive, means and consequence of the crime of this case, the circumstances after the crime, criminal records, family relations, economic circumstances, etc., which are the conditions for the sentencing

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