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(영문) 춘천지방법원 2019.06.12 2019고정57
자동차손해배상보장법위반등
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is the driver of a two-wheeled motor vehicle B.

1. No drivers of motor vehicles or riders of horses other than motor vehicles that violate the Road Traffic Act (applicable only to emergency motor vehicles for two-wheeled motor vehicles) shall pass along motorways;

Nevertheless, at around 14:10 on December 21, 2018, the Defendant passed a two-wheeled motor vehicle, other than an emergency motor vehicle, at approximately 12 km from the central expressway that is located in the Yancheon-si, Hongcheon-do, Hongcheon-do, Seocheon-do, to the 373.8km area of the national expressway located in the Yancheon-si, Gangwon-do, Seocheon-do.

2. No motor vehicle shall be operated on a road unless it is subscribed to mandatory insurance for motor vehicles violating the Guarantee of Automobile Accident Compensation Act;

Nevertheless, at around 14:10 on December 21, 2018, the Defendant operated a two-wheeled motor vehicle on the road without purchasing a mandatory insurance policy at approximately 10 km from the dwelling of the Defendant located in Gangwonwon C to the point of 373.8 km of the Central Highway, which is located in the Chocheon-si, Gangwon-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the offender's launch, response to the enemy, and information on the purchase of mandatory insurance;

1. Application of Acts and subordinate statutes to field photographs on traffic regulation;

1. Relevant Article of the Act on the Guarantee of Automobile Accident Compensation and Article 46 (2) 2 of the Act on the Guarantee of Automobile Accident Compensation, the main sentence of Article 8, Article 154 subparagraph 6 and Article 63 of the Road Traffic Act, and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is that the Defendant’s health condition is not good, that the Defendant’s husband is obliged to support her child around the time when she turns alone with her husband while the Defendant was in prison, and that other Defendant’s age, economic level, and all other circumstances shown in the arguments, such as the circumstances before and after the instant crime, shall be determined as ordered by the sentence.

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