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(영문) 대전지방법원 천안지원 2016.01.28 2015고정831
자동차손해배상보장법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On May 27, 2011, the Defendant was sentenced to two years of suspended sentence for eight months of imprisonment for occupational embezzlement at the Daejeon District Court on October 21, 201, and the judgment became final and conclusive on October 21, 201. On June 17, 2011, the court sentenced two years of suspended sentence and fine 5,00,000 won to eight months of imprisonment for fraud, etc., and the judgment became final and conclusive on September 29, 2011. On February 11, 2015, the same court was sentenced to three years of suspended sentence for eight months of imprisonment for a criminal offense and became final and conclusive on September 10, 2015.

No owner of any motor vehicle shall operate any motor vehicle on a road which is not covered by mandatory insurance.

Although the Defendant is the actual operator of C or D Co., Ltd. and is the owner of E Poter truck, the Defendant operated each of the above cargo vehicles, which were not covered by mandatory insurance on the 4R road around October 19, 2010, around 16:40 on June 24, 2010, in front of the Mapo-si, Mapo-gun, Mapo-gun, Mapo-gun, and around 10:49 on October 19, 2010.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. Statement concerning the suspect examination protocol of H in relation to H;

1. Details of non-insurance operations violations, inquiry into the current status of mandatory insurance coverage, perusal of the original register of automobile registration, family relation certification, and descriptions on a certified copy of the D corporation registry;

1. To describe the list of shareholders (D), the business takeover agreement, the certification of the details thereof, and the transfer certificate of a vehicle;

1. Previous convictions in the judgment: The application of each Act or subordinate statute described in the inquiry about criminal history, the text of the judgment (Seoul High Court Decision 2008 High Court Order 811), the text of the judgment (Seoul High Court Decision 2010No1753), the text of the judgment (Supreme Court Decision 201Do7632), the text of the judgment (Seoul High Court Decision 2010 High Court Decision 2010No1062), the text of the judgment (Seoul High Court Decision 201No1376), the text of the judgment (Seoul High Court Decision 2013 High Court Decision 401), the text of the judgment (Seoul High Court Decision 2014No708), and the text of the judgment (Supreme Court Decision 2015Do3684)

1. Relevant legal provisions and the main sentence of Article 46 (2) and the main sentence of Article 8 of the former Guarantee of Automobile Damage Compensation (amended by Act No. 11369, Feb. 22, 2012; hereinafter the same shall apply) concerning criminal facts;

1. To the end of Article 37 of the Criminal Act for the concurrent crimes;

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