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(영문) 제주지방법원 2018.10.24 2018고정147
자동차손해배상보장법위반등
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

1. Around November 20, 2017, the Defendant violated the Road Traffic Act (unlicensed Driving) driving a ESF rocketing car from around C elementary school located in Jeju-si B without obtaining a driver’s license on November 8, 2017 to around Jeju-si Airport 2, Jeju-si Airport.

2. The Defendant is a holder of DNA rocketing passenger cars to guarantee the compensation of motor vehicle damages.

No owner of a motor vehicle shall operate any motor vehicle which is not covered by mandatory insurance.

Nevertheless, the Defendant operated the said rocketing car, which was not covered by mandatory insurance at the time and place specified in paragraph 1.

Summary of Evidence

1. Partial statement of the defendant;

1. E statements;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to tea inquiries and mandatory insurance inquiries;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 152 subparag. 1 and 43 of the Road Traffic Act (non-licensed driving), Article 46(2)2, and the main text of Article 8 of the Guarantee of Automobile Damage Compensation Act (the operation of automobiles which are not mandatory insurance), and each decision of fine (the Defendant is not an owner of a motor vehicle, but has the right to use a motor vehicle). As a result, the Defendant is one of the owner of a motor vehicle, and it is reasonable to punish the owner of a motor vehicle even though he/she bears the duty to subscribe to mandatory insurance with the owner of the motor vehicle, and operates the motor vehicle even though he/she is obliged to subscribe to mandatory insurance with the owner of the motor vehicle: Provided, That the amount of fine shall be determined

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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