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(영문) 울산지방법원 2014.12.04 2014고단3152
자동차손해배상보장법위반등
Text

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

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

Reasons

Punishment of the crime

[criminal power] On December 28, 2012, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Game Industry Promotion Act, etc. by the Ulsan District Court on January 5, 2013, and the judgment becomes final and conclusive on January 5, 2013, and is currently under suspension of execution. On July 8, 2014, the Defendant was not detained due to a violation of the Motor Vehicle Management Act, etc. and was sentenced to the judgment of the court of appeal on September 2, 2014, and is currently pending in the appellate trial.

【Criminal Facts】

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

Nevertheless, the Defendant was running from the KBS distance in Ulsan-gu Newdong on September 1, 2014 at around 11:50, while the Defendant did not purchase a motor vehicle mandatory insurance policy.

2. Around September 11, 2014, the Defendant violated the Road Traffic Act (unlicensed driving) and operated a vehicle without a driver’s license within approximately 500 meters from the projected consul distance in the Southern-gu, Ulsan-gu, Seoul-dong to the KBS distance in the same new-dong.

Summary of Evidence

1. Defendant's legal statement;

1. The register of driver's licenses, details of disposition on cancellation of driver's licenses, chassis, and register of automobiles;

1. A statement on criminal records, etc., a report on the results of confirmation before and after dispositions, and an investigation report (attached to judgment, etc.);

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose a sentence, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Considering that the sentence of Article 334(1) of the Criminal Procedure Act of the provisional payment order has been punished for the reason of the sentencing, and that the sentence has been repeated during the period of suspended execution due to the previous conviction in the judgment.

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