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(영문) 전주지방법원 남원지원 2013.05.14 2013고정20
자동차손해배상보장법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On November 26, 2008, the Defendant operated the B Carpon which was not covered by mandatory insurance on the large traditional Jung-gu Expressway, which was operated by the Defendant.

From that point to June 23, 2010, the Defendant, including this, operated the said van, which was not covered by mandatory insurance on a total of six occasions as shown in the attached list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Compacting the non-insurance running cars;

1. Details of compulsory insurance contracts and inquiries;

1. Application of the register of automobiles statutes

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Determination as to the defendant's assertion under Articles 70 and 69 (2) of the Criminal Act for the confinement of a workhouse

1. The summary of the argument is that the Defendant, from February 2010 to February 1, 2010, was not driving a van as indicated in the facts constituting the crime as indicated in the judgment from around December 2009, the Defendant brought another person to the above van under the pretext of securing claims or repaying claims due to the Defendant’s obligation. Therefore, the Defendant did not operate the said van that was not covered by mandatory insurance at the time and place indicated in No. 6

2. Determination: Article 46(2) of the former Guarantee of Automobile Accident Compensation Act provides, “A motor vehicle owner who operates a motor vehicle not covered by mandatory insurance in violation of the main sentence of Article 8 shall be punished by imprisonment with prison labor for not more than one year or by a fine not exceeding five million won.” Article 2 Subparag. 2 of the same Act provides, “The term “a motor vehicle owner” means a motor vehicle owner or a person entitled to use a motor vehicle on his/her own behalf.

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