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(영문) 수원지방법원 성남지원 2016.06.09 2016고정525
자동차손해배상보장법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is the owner of B cargo vehicles and Cone Star Co., Ltd.

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

Nevertheless, the Defendant, without purchasing mandatory insurance around 19:41 on May 3, 201, operated the freight 26 times in total, as described in the list of crimes in attached Form 2, by December 5, 2014, the Defendant, at around 105-93, operated the instant C Cost Star Engine, not covered by the mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. Written opinion, inquiry into non-insurance operation vehicles, inquiry into compulsory insurance contracts, and application of statutes of the original register of automobile registration;

1. As there is a change in the applicable provisions and the upper limit of fines by each act of the pertinent legal provisions on criminal facts, each applicable provision of the former Act favorable to the defendant shall apply.

With respect to a violation of Article 46(2), the main sentence of Article 8, and Article 42(2) through (20) of the former Guarantee of Automobile Compensation (wholly amended by Act No. 11369, Feb. 22, 2012) (No. 1 through 20) of the former Guarantee of Automobile Compensation Act (wholly amended by Act No. 12987, Jan. 6, 2015), against Article 46(2)2 of the former Guarantee of Automobile Compensation Act (wholly amended by Act No. 12987, Aug. 23, 2012); the crime committed until January 5, 2015 (No. 21 through 26)

1. Selection of each 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. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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