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(영문) 광주지방법원 2013.07.23 2013고정1298
자동차손해배상보장법위반
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

[criminal power] On July 15, 2008, the defendant was sentenced to two years of imprisonment for fraud, etc. in the public order branch of the Daejeon District Court on July 24, 2008, and the judgment became final and conclusive on July 24, 2008. On October 31, 2008, the same court was sentenced to two months of imprisonment for fraud, and the judgment became final and conclusive on November 8, 2008.

【Criminal Facts】

Although the Defendant was prohibited from operating a motor vehicle that was not covered by mandatory insurance as a holder of a vehicle with disabilities to BMF, the Defendant operated the foregoing motor vehicle on March 27, 2008, which was not covered by mandatory insurance on the road of a video station located in Yucheon-ri, Sejong Special Self-Governing City, on March 27, 2008.

Summary of Evidence

1. Defendant's legal statement;

1. Mandatory insurance policy;

1. Previous records: Defendant's legal statement, inquiry into criminal records and criminal investigation records, and application of respective statutes of the court;

1. Article 38 (2) and the main sentence of Article 7 of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 9065 of March 28, 2008) concerning criminal facts

1. In cases of concurrent crimes, and Articles 37 (1) and 39 (1) of the Criminal Act (the latter part of Article 37 and Article 39 (1) of the Exemption of Punishment Act (including the confession and reflection of the defendant, and the defendant already committed the crime in this case and the crime of fraud which is in the latter part of Article 37 of the Criminal Act with respect to the crime in this case, two years and two months, and two months, since the judgment of sentence was finally binding, the equity in cases where the defendant was tried together with the above final judgment shall be considered,

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