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(영문) 광주지방법원 2017.08.30 2017고정1053 (1)
자동차손해배상보장법위반
Text

The sentence against the accused shall be determined by a fine of two million won.

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

Reasons

Punishment of the crime

The Defendant is a holder of NYA car that was not covered by mandatory insurance from September 1, 2015.

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

However, on May 19, 2017, the Defendant operated the said car that was not covered by mandatory insurance at approximately 10 km section from the front of the Defendant’s home in Gwangju Northern-gu, to the second floor parking lot located in the 257-gu, Gwangju-gu, the organization of the Dong-gu to the second floor parking lot in the 257-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the occurrence of a traffic accident;

1. An adjacent inquiry (N);

1. Inquiries about mandatory insurance (N) applying Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, and Article 46 (2) 2 and 8 of the Guarantee of Compensation for Damages of Motor Vehicles that choose a penalty, and selection of a fine;

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

1. The reason for the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is the period during which the mandatory insurance was not covered, the same type of power (the fine of two times in the year 1998 is punished as concurrent crimes with the violation of the Road Traffic Act), whether the vehicle mandatory insurance was covered after the instant crime, and other factors such as the defendant's age, sex, environment, circumstances of the crime, and circumstances after the crime, etc., as indicated in the arguments, shall be taken into consideration.

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