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(영문) 대구지방법원 2016.10.21 2016고정2026
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 is the owner of Cone Star Doz.

No person shall operate any automobile other than those as prescribed by the Presidential Decree, on which the mandatory insurance is not subscribed, on a road.

Nevertheless, at around 13:07 on November 8, 2013, the Defendant operated the said vehicle not covered by each mandatory insurance on the front side of the same-sex elementary school, around 12:33 on December 12, 2013, and on the front side of the same Jung-gu, Namsan-dong, Chungcheongnam-gu, Seoul, and around 12:33 on December 13 of the same year.

Summary of Evidence

1. Part of the defendant's legal statement;

1. Inquiries into non-insurance operation vehicles, inquiry into the history of mandatory insurance contracts, and application of statutes to peruse the register of motor vehicles;

1. Article 46 (2) 2 of the Act on 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. 12987, Jan. 6, 2015) concerning criminal facts;

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 of the provisional payment order;

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