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(영문) 대구지방법원 2018.10.25 2018고정462
자동차손해배상보장법위반등
Text

Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Guarantee of Automobile Compensation for Damages is a holder of B Poter 2 freight.

No person shall operate any motor vehicle which is not covered by mandatory insurance.

Nevertheless, on August 22, 2017, the Defendant operated the foregoing cargo vehicle without mandatory insurance at approximately 100 km from the front road of the “Woo-dong,” located in the area of 100km away from the north-gu, Daegu north-gu, Daegu-do, the area near the Posi-gu, Mapo-si, Mapo-si.

2. The defendant 2 driven the above B 2 cargo vehicle without the driver's license at the time and place specified in the above paragraph 1.

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. Details of inquiries into mandatory insurance;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article of the Act concerning the facts constituting an offense, Article 46 (2) 2 of the Guarantee of Compensation for Damages Caused by Motor Vehicles, the main sentence of Article 8 (in the case of operating a motor vehicle 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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