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(영문) 의정부지방법원 2018.04.26 2018고정145
자동차손해배상보장법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is a person who has a KS5 car.

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

Nevertheless, on June 29, 2017, the Defendant operated the said car without purchasing the automobile mandatory insurance at the intersection at which the entrance of a bottle located at the center of Sacheon-si, Sacheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection of an offender, a statement of vehicle operation, a tea inquiry, and inquiries into each mandatory insurance (after detection, the mandatory insurance before and after non-Joining an organization);

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 facts constituting the instant crime and reflects his mistake; and (b) the period during which the Defendant did not subscribe to the insurance is relatively short, and the fact that the Defendant appears to have subscribed to the vehicle insurance immediately after the control of the instant case is recognized as a normal condition favorable to 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, which the defendant operated a vehicle without mandatory insurance, is not less and less less than that of the crime, the fact that there were several times of punishment due to the crime of this kind, the balance between the general amounts of punishment in the same and similar cases, the defendant's age, sexual conduct, intelligence and environment, the motive, background, means and consequence of the crime of this case, the circumstances after the crime, criminal records, family relations, and economic circumstances, and other various circumstances constituting the conditions for the punishment of this case, shall be determined as per the order.

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