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(영문) 서울동부지방법원 2017.07.11 2016고정1752
자동차손해배상보장법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a holder of a two-wheeled automobile with no registration 50cc.

around 22:50 on May 27, 2016, the Defendant operated the two-wheeled automobile that was not covered by mandatory insurance on the front road of Songpa-gu Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to notify a person who violates the Motor Vehicle Management Act;

1. Relevant legal provisions concerning facts constituting an offense, and Article 46 (2) 2 and 8 of the Guarantee of Compensation for Damages of Motor Vehicles that choose a penalty, and selection of a fine;

1. Articles 70(1) and 69(2) of the Criminal Act concerning the custody of the Nowon-gu Station: (a) the evidence submitted by the prosecutor is the evidence collected by illegal investigation; (b) the evidence submitted by the defendant for the operation of the two-wheeled vehicle of this case where the number plate is not attached; (c) it cannot be deemed that the evidence produced by voluntarily accompanying the police officer after the enforcement of the two-wheeled vehicle of this case; and (d) the facts charged of this case is merely the fact that the defendant operated the two-wheeled vehicle that did not purchase mandatory insurance, and thus, the defendant can be fully convicted of the defendant regardless of the number of evidence produced by voluntarily accompanying the defendant (for this reason, the summary of the above evidence only stated “the defendant’s legal statement” and “documents of notification of the person who violated the Automobile Management Act” as well. Accordingly, the above assertion by the defendant is without merit).

The reason for sentencing is that there is no particular criminal history in addition to the suspension of indictment as a crime of robbery against the defendant, and the period of driving a two-wheeled motor vehicle with mandatory insurance of the defendant is not shorter.

In addition to the fact that the amount of fine for the summary order is excessive considering the sentencing conditions shown in the trial of this case, such as the defendant's age, sex, and circumstances before and after the crime.

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