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(영문) 울산지방법원 2014.06.12 2014고단505
자동차손해배상보장법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[B] On 205, the Defendant purchased a DNA car with fines for negligence and fines for negligence 26 times in total from a broker with no name in the name of the company selling the C used car in order to avoid the control of the game room and the payment of fines for negligence, etc. from the broker in the name of the company, and did not transfer the said car in its name from around 200 to around 209, and did not transfer the said car in its name. The Defendant was in arrears with the total of KRW 8,515,560,000, including the fine for negligence and penalties in arrears and penalties, which were already in arrears, 124 times in total.

【Criminal Facts】

No automobile which is not covered by mandatory insurance shall be operated on a road.

1. On March 10, 2009, the Defendant operated a large-scale vehicle that did not purchase mandatory insurance on the road near the other village located in Ulsan-gun, Ulsan-do.

2. On March 27, 2009, at around 02:06, the Defendant operated the said large-scale vehicle, which was not mandatory insurance on the road near Dialhodong in Chungcheongnam-dong, Kim Jong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. The register of automobiles for non-insurance operations;

1. Application of the Acts and subordinate statutes requesting investigation and cooperation;

1. Relevant legal provisions concerning criminal facts, Articles 46(2) and 8 of the Guarantee of Automobile Accident Compensation Act (amended by Act No. 9449, Feb. 6, 2009); and choice of imprisonment with labor

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

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act for probation and community service order is that the defendant purchased and operated the vehicle.

The large-sized vehicle is likely to cause an accident because it is impossible to identify the vehicle operator, and the risk is high in that it can be used for crimes. However, the defendant seems to operate the large-sized vehicle of this case while operating the illegal game room.

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