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(영문) 서울남부지방법원 2015.01.14 2014고정3370
자동차손해배상보장법위반
Text

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

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

Reasons

Punishment of the crime

On August 31, 2014, the Defendant was prohibited from operating a motor vehicle which was not covered by mandatory insurance on the road, but in violation of this, the Defendant operated a 124 cc-wheeled motor vehicle from the Do of 10-459, Geumcheon-gu, Geumcheon-gu, Seoul, Geumcheon-gu to the front road of about 152-8, Geumcheon-gu, Geumcheon-gu, Seoul.

Summary of Evidence

1. Partial statement of the defendant;

1. A certificate proving the non-registered operation of two-wheeled motor vehicles;

1. Application of statutes governing enforcement manuals;

1. Relevant Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act and the selection of fines;

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

1. The Defendant alleged to the effect that the instant wheeled Vehicle was not eligible to subscribe to mandatory insurance by purchasing it at the end of the week. However, the main text of Article 46(2)2 and Article 8 of the Guarantee of Automobile Accident Compensation Act provides that a motor vehicle owner who operated an automobile not covered by mandatory insurance shall be punished. According to each of the above evidence, the Defendant’s failure to subscribe to mandatory insurance at the time of operating the instant wheeled Vehicle. As alleged by the Defendant, even if the said wheeled Vehicle was purchased at the end of the week, it constitutes a violation of the Guarantee of Automobile Accident Compensation Act insofar as the Defendant did not subscribe to mandatory insurance at the time of its actual operation, and there was no other circumstance to deem otherwise that the Defendant did not subscribe to mandatory insurance. Therefore, the above assertion is without merit.

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