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(영문) 의정부지방법원 2018.11.08 2018고정783
자동차손해배상보장법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a holder of B-M 3 passenger cars.

No one shall operate any motor vehicle on a road, which is not mandatory insurance.

Nevertheless, around 22:40 on March 1, 2018, the Defendant operated the foregoing vehicle that was not covered by mandatory insurance at approximately 20 km section from the front of the road in Gangdong-gu Seoul Metropolitan Government to the front of the “rod apartment” road in Jyang-si, Namyang-si, Namyang-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection, detection photographs, tea inquiry, and inquiry into each mandatory insurance;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant Article 46 of the Act concerning facts constituting an offense, and Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Compensation for Motor Vehicle Damages, and Selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are as follows: (a) the Defendant committed the instant vehicle on February 28, 2018 on the day following the expiration of the insurance period; (b) the Defendant committed a short-term insurance for one month as to the instant vehicle due to the lack of economic circumstances; (c) the Defendant committed the instant crime on February 28, 2018 on the day following the expiration of the insurance period; and (d) there are some circumstances to take into account the circumstances leading up to the instant crime; (d) the Defendant appears to have been insured immediately after the instant crime was committed; and (e) the Defendant was punished once for a violation of the Punishment of Violences, etc. Act (joint assault) in around 2012; and (e) the fact that there is no other special criminal record, other than the punishment imposed on the said vehicle once

However, the crime of this case, where the defendant operated a vehicle with no mandatory insurance, does not correspond to the nature of the crime in light of the content and method of the crime, the balance of general punishment in the same and similar cases, and the age, sex, intelligence, and environment of the defendant as shown in the argument of this case.

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