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(영문) 대구지방법원 경주지원 2018.04.04 2018고정21
자동차손해배상보장법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is a holder of B car rental car.

No person shall operate any motor vehicle which is not covered by mandatory insurance on a road.

On May 17, 2017, the Defendant operated the said car, respectively, on the lux Dried Dried Drilling Drilling Road, on May 22, 2017, on the road front of the Sacheon-si Sacheon-si Sacheon-si, Seosan-si, Ulsan-gu, Ulsan-do, Seoul, at the point of 44.2 km on July 31, 2017, around 14:51 on September 16, 2017, where the Defendant was not covered by mandatory insurance on the front road of the Hucheon-gu, Ulsan-gu, Ulsan-gu, Ulsan-gu, Ulsan-do, Seoul-do, Seoul-do, and where the Defendant was not covered by the mandatory insurance on the front road of the lux elementary school.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into driving vehicles of mandatory insurance, inquiry into matters regarding mandatory insurance contracts, and application of Acts and subordinate statutes of the original register of motor vehicle registration;

1. Relevant Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Damages and Selection of fines concerning facts constituting an offense, as well as Article 46 (2) 2 of the same Act;

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. The sentencing conditions of the Defendant’s age, occupation, sex, family relationship, and circumstances before and after the crime are determined by comprehensively taking account of the following circumstances under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order and other conditions of the sentencing indicated in the record.

Unfavorable circumstances: The Defendant had concluded each month insurance contract, and thus, was sufficiently aware of the fact that the insurance contract was not concluded from May 2017, but operated non-insurance vehicles on several occasions without concluding the insurance contract until October 16, 2017.

There is a need to punish a victim of a traffic accident by a vehicle not covered by mandatory insurance in that it is highly dangerous that he/she is unable to properly compensate for the damage.

The favorable circumstances: The facts of the crime themselves are led to confession, and are now economically difficult.

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