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(영문) 인천지방법원 부천지원 2016.11.04 2016고정1000
자동차손해배상보장법위반
Text

A fine of KRW 100,00 shall be imposed on each of the crimes listed in the judgment of the defendant 1 and 2, and a fine of KRW 200,00 shall be imposed on each of the crimes listed in the judgment.

Reasons

Punishment of the crime

The Defendant was sentenced to four months of imprisonment with labor for a violation of the Labor Standards Act at the Incheon District Court on August 22, 2014, and the said judgment was finalized on September 30, 2014, and no motor vehicle which is not covered by mandatory insurance shall be operated on the road.

1. Nevertheless, around October 18, 2013, the Defendant, despite having committed a crime, operated a B Kannche vehicle owned by the Defendant, which was not covered by mandatory insurance on the road near the sewage terminal treatment plant in the Dong-dong, Seocheon-si, Seocheon-si, Incheon, on October 18, 2013.

2. Nevertheless, around April 24, 2014, the Defendant, despite having committed the crime, operated the B Kannche vehicle owned by the Defendant, which was not covered by mandatory insurance on the road near the Mandong-dong Do-dong Do-dong Do-dong-dong-dong-dong-dong-dong-si, on April 24, 2014.

3. Nevertheless, on December 4, 2014, around December 13:13, 2014, the Defendant, despite having been committing a crime, operated a Kanche vehicle owned by the Defendant, who was not covered by mandatory insurance on the road near the Seocho-gu Seoul Metropolitan Life Science High School (Seoul), located in 1355-10.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the accused;

1. Inquiry of the quantity of non-insurance running cars, and matters concerning medical insurance contracts;

1. Application of Acts and subordinate statutes to criminal records and investigation reports (verification of concurrent crimes under the latter part of Article 37 of the Criminal Act);

1. Relevant legal provisions and the main sentence of Article 46 (2) 2 and the main sentence of Article 8 of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 12987, Jan. 6, 2015) concerning criminal facts;

1. The latter part of Articles 37 and 39 (1) of the Criminal Act concerning concurrent crimes (the violation of the Guarantee of Automobile Accident Compensation Act and the violation of the Labor Standards Act for which judgment becomes final and conclusive, respectively, of the facts of crime);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (a violation of the Guarantee of Automobile Accident Compensation Act, respectively, described in paragraphs (1) and (2));

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

1. The Criminal Procedure Act;

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