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(영문) 서울중앙지방법원 2019.01.08 2018고정2530
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 Power] On February 8, 2018, the Defendant was sentenced to two and half years of imprisonment for fraud, etc. at the Seoul Central District Court on April 20, 2018, and the above judgment became final and conclusive on April 20, 2018.

【Criminal Facts】

The defendant is a substantial holder of B vehicle that is not covered by mandatory insurance.

No person who owns a motor vehicle shall operate any motor vehicle on the road which is not covered by mandatory insurance.

Nevertheless, at around 00:29 on January 4, 2014, the Defendant operated the said vehicle on the road which was not covered by mandatory insurance eight times in total, such as the list of crimes in the attached Table, including operating the said vehicle in the direction of Busan 205.3km.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of an offender and a report on each investigation;

1. Medical insurance contract or inquiry, the quantity of non-insurance cars in operation, the register of automobiles;

1. Previous convictions in judgment: Criminal records, details of inquiry into cases, and application of a copy of judgment;

1. Relevant Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act and the selection of fines concerning criminal facts;

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;

1. Articles 70 (1) 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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