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(영문) 서울남부지방법원 2018.08.17 2018고단2822
자동차손해배상보장법위반
Text

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

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

Reasons

Criminal facts

The defendant is the owner of the NAS Cub car.

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

1. On December 26, 2017, the Defendant operates the foregoing vehicle on the front road of Geumcheon-gu Seoul Metropolitan Government, which was not mandatory insurance, around 02:45, and

2. On January 6, 2018, the Defendant operated the said vehicle on the front road of Geumcheon-gu Seoul Metropolitan Government D, which was not mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. An explanatory note for each control;

1. Application of photographic Acts and subordinate statutes related to driving of vehicles which are not mandatory insurance;

1. Relevant Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Compensation for Motor Vehicle Damages, and the choice of fines, respectively, concerning facts constituting an offense;

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. Although it is strictly required to punish the defendant in light of the fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order had the record of being punished two times for the same kind of crime and committed two times in a short period of time, the defendant is against himself/herself at the time of committing the crime, and he/she does not repeat again.

The sentence of a fine shall be imposed only once in consideration of the fact that the fine is being imposed.

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