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(영문) 서울중앙지방법원 2013.07.18 2013고정2906
자동차손해배상보장법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is a holder of Bchip motor vehicle, and the motor vehicle owner shall not operate a motor vehicle on the road which is not covered by mandatory insurance.

On June 15, 2008, at around 05:47, the Defendant operated the said car that was not covered by mandatory insurance, around 06:52, Jun. 15, 2008, at around 06:52, Gangdong-gu Seoul, 2, 472-40, and around 15:12, around September 15, 2008, the Defendant operated the said car that was not covered by mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. Mandatory insurance policies;

1. Application of Acts and subordinate statutes on unpaid fines for negligence;

1. In light of the legal principles that each of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 9065, Mar. 28, 2008; the effective date of the Act) Article 38(2) and the main text of Article 7 of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 9065, Sep. 29, 2008) concerning criminal facts, it is reasonable to view that one of the two operations on June 15, 2008 is operated because the same day as the day when the vehicle was operated. Thus, it is reasonable to view that one operation on the day when the vehicle was driven from the crime of violation of the Road Traffic Act due to unauthorized Driving was committed as of the day when the vehicle was driven by social norms (see Supreme Court Decision 2001Do6281, Jul. 23, 2002).

1. Selection of each alternative fine for punishment;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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