logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2021.02.03 2020고정1008
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

The defendant is a holder of a B-to-pur vehicle.

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

Nevertheless, the Defendant operated a vehicle that is not covered by mandatory insurance three times in total at the time and place indicated in the list of crimes in the attached Form.

Summary of Evidence

1. Partial statement of the defendant;

1. Inquiries into non-insurance operation vehicles, inquiry into mandatory insurance contracts, and application of statutes to perusal of the motor vehicle registration ledger;

1. The relevant criminal facts and Articles 46(2)2 and 8 of the Guarantee of Compensation for Motor Vehicle Damages Act, and the choice of a fine [the punishment against the owner of a motor vehicle who has operated a motor vehicle which has not subscribed to mandatory insurance under Article 46(2)2 of the Guarantee of Compensation for Motor Vehicles Act and the imposition of a fine for negligence on the owner of a motor vehicle who has not subscribed to mandatory insurance under Article 46(3)1 of the Guarantee of Compensation for Motor Vehicles Act are different from the basic facts subject to punishment or punishment, and thus, cannot be deemed as double punishment prohibited under Article 13(1) of the Constitution (see Supreme Court Decision 2015Do3792, Apr. 23, 2015). Accordingly, the Defendant was subject to a disposition of a fine for negligence imposed by the competent authority on the fact that the motor vehicle was not subscribed to mandatory insurance (see Supreme Court Decision 2015Do3792, Apr. 23

Even if there is a violation of the Automobile Compensation Guarantee 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

arrow