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(영문) 대구지방법원 김천지원 2019.06.13 2019고정75
자동차손해배상보장법위반
Text

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

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

Reasons

Punishment of the crime

[criminal power] On February 3, 2016, the Defendant was sentenced to imprisonment without prison labor for a period of two years for a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents at the Busan District Court, which became final and conclusive on February 12, 2016. On November 20, 2018, the Defendant was sentenced to imprisonment for six months for a violation of the Road Traffic Act (unlicensed Driving) in the Daegu District Court Kimcheon Support, and the said judgment became final and conclusive on April 3, 2019.

【Criminal Facts】

The defendant shall be prohibited from operating any motor vehicle that is not covered by mandatory insurance on the road as a holder of a motor vehicle B's car, or as a motor vehicle on the road.

Nevertheless, the Defendant:

A. On July 16, 2014, around 17:00 and around 19:27 of the same day, the said passenger car was operated without mandatory insurance on the roads of D (former, American, Kimcheon) located in Kimcheon-si, Kimcheon-si, and

B. On July 19, 2014, around 20:37, the said car was operated without mandatory insurance on the D front (former, American, Kim) road located in Kimcheon-si C.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the criminal place, inquiry on the quantity of an uninsurance running car, inquiry on the non-insurance policy, and inspection of the register of automobiles;

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records and investigation records data inquiry and reports on criminal investigations (reports on the failure to take measures, confirmation results of confirmation, and ex post competition);

1. Articles 46 (2) 2 and 8 of the former Guarantee of Automobile Accident Compensation Act (wholly amended by Act No. 12987, Jan. 6, 2015); the main text of Article 46 (2) 2 and the main text of Article 8; and each choice of fines, respectively, concerning criminal facts

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

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

1. Considering the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, which became final and conclusive in the judgment of sentencing grounds of Article 334(1) of the Criminal Procedure Act, equity in the case of concurrent judgments with the crime of violation of the Road Traffic Act, and other pleadings in this case, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc.

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