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(영문) 인천지방법원 2020.08.12 2020고정673
자동차손해배상보장법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

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

Reasons

Punishment of the crime

The defendant is a holder of the vehicle B. A.I. car.

No owner of any motor vehicle shall operate any motor vehicle on a road which is not covered by mandatory insurance.

Nevertheless, the defendant

1. On October 7, 2015, around 13:34, the said passenger car was operated without mandatory insurance on the roads front of the D Elementary School located in Nam-gu Incheon Metropolitan City, Nam-gu C.

2. On October 14, 2018, around 17:36, the pertinent passenger car was operated without mandatory insurance on the northwest Sea of Jung-gu Incheon, Jung-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes concerning the perusal of the amount of non-insurance cars, medical insurance contracts or automobile register;

1. Relevant Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of fines for each type of crime and each type of punishment;

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) taking into account the possession of the instant vehicle and the circumstances during which the relevant vehicle was operated without insurance; and (b) taking into account the Defendant’s age, character and conduct, family relationship, economic situation, and circumstances after committing the crime, the punishment as ordered shall be determined.

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