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(영문) 수원지방법원 2017.09.13 2017고단3331
자동차손해배상보장법위반등
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. No person who violates the Guarantee of Automobile Compensation shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant owned Franchisa car and operated the said car that was not covered by mandatory insurance under the Guarantee of Automobile Compensation Act at the front of G at the time of globalization around 18:20 on April 23, 2017.

2. The Defendant, who violated the Road Traffic Act (unlicensed driving), driven the said vehicle without obtaining a driver’s license from approximately 100 meters in the section from the front of the 100-meter road to the place specified in paragraph (1) of this Article, in the case of the said day.

Summary of Evidence

1. Statement by the defendant in court;

1. Mandatory insurance inquiry and the ledger of driver's licenses;

1. Application of an inquiry letter, such as criminal history, and reporting on the result of confirmation before and after the disposition;

1. Relevant legal provisions concerning facts constituting the crime, Article 46 (2) 2, the main sentence of Article 8 (the point of operating an automobile with no mandatory insurance), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, and the selection of fines, respectively;

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 under Article 334(1) of the Criminal Procedure Act - The defendant has the record of having been punished several times for the same kind of crime. The favorable circumstances - the defendant recognized all the criminal facts. The defendant sold the vehicles provided for the crime. The sentencing is ordered as ordered in consideration of all the sentencing conditions revealed in the trial process.

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