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The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
On March 12, 2017, the Defendant: (a) operated the foregoing vehicle that was not covered by mandatory insurance at a section of approximately 300 meters in front of the Korean Communications Building located in the same Gu-ro 385, from the front side of the Sink Kim-dong, on March 12, 2017, around 11:00 to the front side of the Korean Communications Building.
Summary of Evidence
1. Partial statement of the defendant;
1. 의무보험 조회, 의무보험 계약 조회 【 피고 인은 위 차량이 의무보험에 가입하지 않은 사실을 깜빡 잊고 있었으므로 자동차 손해배상 보장법 위반죄의 고의가 없었다고
However, according to the evidence of the judgment, the defendant has been using and managing the above vehicle in the name of the spouse C in a usual manner. The defendant, from July 18, 2016, has renewed the mandatory insurance for the above vehicle in a short term. On January 11, 2017, the defendant has renewed the mandatory insurance for the above vehicle in a short term. The defendant can recognize the fact that he operated the above vehicle on March 12, 2017 without renewal even after the expiration of the mandatory insurance period for the above vehicle, and the owner of the vehicle must confirm whether the motor vehicle is being covered by the mandatory insurance and then drive the above motor vehicle after confirming whether the motor vehicle is being driven by the owner of the motor vehicle. In addition, the defendant is not aware of the fact that the above vehicle was not covered by the mandatory insurance.
Since it is recognized, the above argument of the defendant is without merit.
[Application of Acts and subordinate statutes]
1. Relevant legal provisions concerning facts constituting an offense, and the main sentence of Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Compensation for Damages of Motor Vehicles that choose a penalty;
1. Penalty fine of 500,000 won to be suspended;
1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;
1.Article 59(1) of the Criminal Code of the Suspension of Sentence (the fact that there is no record of punishment for committing the same kind of crime, and the term of mandatory insurance not covered is less than one day, and it is less than one day.