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(영문) 청주지방법원 2017.05.25 2017고정111
자동차손해배상보장법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of Bunst Motor Vehicle.

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

Nevertheless, at around 16:40 on August 5, 2016, the Defendant operated the foregoing vehicle not covered by mandatory insurance in a section of about 2 km from the first 1 km to the first 580 km road of the Heung-gu Seoul Special Metropolitan City, Chungcheongnam-gu, Seoul Special Metropolitan City.

2. Defendant 1, who violated the Road Traffic Act (unlicensed Driving), driven B rocketing cars without obtaining a driver’s license at the same time, place, and time.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the arrest of a case;

1. A written statement of the operation of illegal automobiles;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes regarding mandatory insurance;

1. Relevant Article of the Act concerning the facts constituting an offense, Article 46 (2) 2, Article 8 (in the case of operating a vehicle with no mandatory insurance), Article 152 subparagraph 1, Article 43 (in the case of driving without Driver's License) of the Road Traffic Act, and 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 of Article 334 (1) of the Criminal Procedure Act (hereinafter referred to as the "Criminal Procedure Act") of the Provisional Payment Order is proved to have been repeatedly committed even though the previous driver without a license has been five times or more, and is likely to be believed to drive a vehicle without a mandatory insurance policy without a license;

As above, comprehensively considering the sentencing conditions in Article 51 of the Criminal Act, the sentence shall be determined as per Disposition.

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