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(영문) 인천지방법원 2020.06.12 2020고정776
자동차손해배상보장법위반
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 a holder of BM520 automobile.

No motor vehicle owner shall operate a motor vehicle on the road on which no mandatory insurance has been subscribed.

Nevertheless, around March 29, 2015, the Defendant operated each of the above vehicles, which was not covered by mandatory insurance in total 12 times from around that time to October 6, 2019, as shown in the list of crimes in attached Form 1.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes governing the inquiry into force, the register of automobiles, and non-insurance operating vehicles;

1. Article 46 (2) 2 of the Act on the Guarantee of Automobile Accident Compensation and the main sentence of Article 8 of the former Guarantee of Automobile Accident Compensation Act (Amended by Act No. 16635, Nov. 26, 2019);

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. Article 334(1) of the Criminal Procedure Act provides that the period of operation of mandatory insurance is long, disadvantageous to the reason for sentencing, and the number of times of such application is not less than that of the liability for the crime.

The traffic accident did not occur under the conditions that they were not covered by the mandatory insurance in a favorable normal and uniform manner.

There is no record that the defendant has been punished for the same crime.

In addition, taking into account the Defendant’s age, character, conduct and environment, motive, means and consequence of the crime, and the conditions of sentencing as indicated in the instant pleadings, such as the circumstances after the crime was committed, the punishment as set forth in the summary order shall be determined by the text.

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