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(영문) 서울북부지방법원 2017.05.24 2017고정668
자동차손해배상보장법위반등
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The defendant who has violated the Guarantee of Automobile Compensation for Damages shall not operate any motor vehicle on the road, which is owned by the motor vehicle B not covered by mandatory insurance;

Nevertheless, around December 18:00 on December 6, 2016, the Defendant operated the said automobile not covered by mandatory insurance from the front road of Gwanak-gu, Seoul to the front road of Dongdaemun-gu, Seoul to the 96-ro, Dongdaemun-gu.

2. While the Defendant violated the Road Traffic Act (unlicensed driving) was in a state of suspension of the validity of a driver’s license from October 24, 2016 to February 15, 2017, the Defendant driven a vehicle as stated in the said paragraph (1) at the time and place specified in the said paragraph (1).

3. Around 01:10 on December 7, 2016, the Defendant driven a vehicle as stated in the above paragraph (1) in a state of alcohol alcohol concentration of 0.183% at the 10-meter radius of the road near the Hancheon-ro, Dongdaemun-gu Seoul Metropolitan Government 96.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. A report on the detection of a primary driver;

1. List of drinking numerical records;

1. A survey report on actual conditions;

1. A traffic accident report;

1. License register;

1. Details of suspension of driver license;

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

1. Article 46 (2) 2 of the Act on the Guarantee of Compensation for Damages Caused by Motor Vehicles, the main sentence of Article 8 (Operation of Motor Vehicles without Mandatory Insurance), Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 (Operation without License) of the Road Traffic Act, and Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (inter-Korean between a violation of traffic laws on roads and a violation of traffic laws on roads);

1. Selection of an alternative fine for punishment;

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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