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(영문) 광주지방법원순천지원 2020.10.28 2020고정347
자동차손해배상보장법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is the actual holder of the BM5 car.

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

Nevertheless, at around 11:02 on June 21, 2018, the Defendant’s operation of the foregoing motor vehicle, which was not covered by mandatory insurance, on the roads near the D cafeteria located in Yong-si, Schandong, as well as on March 27, 2019, as indicated in the attached list of crimes, is obvious that “ March 27, 2020” as indicated in the indictment on March 27, 2019 is a clerical error in the record, and thus, it is correct ex officio as above.

(Defendant was confined to the Net Prison on March 28, 2019). Until 12:16, the Defendant operated the motor vehicle on the road on which the mandatory insurance was not covered by the mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to mandatory insurance contracts and non-insurance operating vehicles;

1. Relevant legal provisions concerning facts constituting an offense and the main sentence of Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

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. Although the defendant for sentencing of Article 334(1) of the Criminal Procedure Act recognizes the crime of this case on the ground of sentencing of Article 334(1) of the Act on Provisional Payment Order, considering the following as a whole: the frequency and period of operation of the vehicle that did not subscribe to mandatory insurance; circumstances leading to the crime of this case before and after the commission of the crime of this case; circumstances after the commission of the crime of this case; the defendant’s age, character and conduct, and criminal records, it is inappropriate to sentence a fine less than 3,00,000 won in the summary order; thus

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