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(영문) 대구지방법원 2015.05.22 2014고정2272
자동차손해배상보장법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant shall not operate a motor vehicle B as a holder of the carone Star (hereinafter referred to as the “motor vehicle of this case”) and a motor vehicle not covered by mandatory insurance on the road.

Nevertheless, around 11:46 on March 30, 2013, the Defendant operated the instant passenger car that was not covered by mandatory insurance on the front side of the Daro-dong, Daegu-dong.

Summary of Evidence

1. Partial statement of the defendant;

1. A traffic accident report;

1. Reports on the results of simple traffic accidents;

1. Inquiries about non-insurance operations vehicles, and inquiries about mandatory insurance contracts;

1. Application of the register of automobiles statutes

1. Relevant legal provisions concerning criminal facts and the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 12987, Jan. 6, 2015) Article 46 (2) 2 and the main sentence of Article 8 (Selection of Fine)

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. The defendant's assertion of Article 334 (1) of the Criminal Procedure Act concerning the defendant's claim of the provisional payment order argues that the defendant operated the automobile of this case at the date and place stated in the facts constituting the crime in the judgment, but since the above car was owned by the referring, the above car was not covered by mandatory insurance.

According to the evidence adopted and examined by the court, the Defendant operated the instant car owned by the Defendant on October 28, 2010, prior to the instant crime, which was conducted by the Defendant, and was exposed to a traffic accident while investigating the said accident. In the course of investigating the said accident, it was revealed that the said car was not covered by mandatory insurance, and was discovered as a vehicle violating the Guarantee of Automobile Accident Compensation Act.

The phrase “report on the result of the simple traffic accident” written at the time of the traffic accident includes the phrase “report on the fact that the instant vehicle was not covered by mandatory insurance.”

On the other hand, C is five months from the date of the occurrence of the above traffic accident.

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