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(영문) 서울남부지방법원 2018.07.11 2018고정651
자동차손해배상보장법위반
Text

Defendant shall be punished by a fine of KRW 80,000.

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

Reasons

Punishment of the crime

[criminal records] On April 28, 2016, the Defendant was sentenced to the suspension of the execution of two months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) at the Goyang Branch of the Jung-gu District Court (hereinafter “Seoul District Court”) and the said judgment became final and conclusive on May 10, 2016.

[Criminal facts] The Defendant is a holder of Cubs car in B.

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

Nevertheless, around June 16, 2014, around 06:24, the above car was operated not covered by mandatory insurance on the 317.9km (each area of the JC located in the Busan IC) branch on the west Coast Guard, and from that time until November 10, 2015, from that time, until November 10, 2015, the above car was operated not covered by mandatory insurance four times in total as shown in the list of crimes committed in the annexed list.

Summary of Evidence

1. Statement by the defendant in court;

1. Original Register of Automobile Registration (B)

1. Inquiry into a medical insurance contract (B)

1. Inquiry into non-insurance operation vehicles (B)

1. Inquiries about violations of traffic Acts and subordinate statutes and notices;

1. The receipt of overlapping cases;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries, such as the defendant's legal statement and criminal history;

1. Relevant legal provisions and the main text of Article 46(2)2 of the former Guarantee of Automobile Compensation Act (amended by Act No. 12987, Jan. 6, 2015); main text of Article 8 (amended by Act No. 12987, Jan. 6, 2015); Article 46(2)2 of the Guarantee of Automobile Compensation Act; Article 8 of the former Guarantee of Automobile Compensation Act (amended by Act No. 12987, Jan. 6, 2015; referring to the operation of mandatory insurance on a yearly basis of the list of crimes; referring to the choice of fines)

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the number of vehicles operated without purchasing mandatory insurance for the reason of sentencing of Article 334(1) of the Criminal Procedure Act reaches four times and the period of entry is not shorter than four, and the defendant is the defendant.

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