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(영문) 광주지방법원 순천지원 2018.05.28 2018고정99
자동차손해배상보장법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

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

1. On March 5, 2017, the Defendant operated a new-based cargo vehicle, which was not covered by mandatory insurance, from the shooting distance from the scambling in the outer East-dong of the Macheon-si, Namcheon-si.

2. On April 22, 2017, around 13:54, the Defendant operated the national highway No. 17 No. h. 17 of the Cr. Cr. Cr. Cr. O. O., N., and the said new r.b. freight without mandatory insurance.

Summary of Evidence

1. Partial statement of the defendant (as at the second public trial date);

1. Inquiries about non-insurance operations vehicles, and inquiry about the history of mandatory insurance contracts;

1. The defendant and his defense counsel asserted to the effect that there was no intention of violating the Guarantee of Automobile Damage Compensation Act, since the defendant was not notified by the insurance company that the mandatory insurance coverage period expired.

In full view of the following circumstances acknowledged by the evidence of each judgment, namely, the Defendant was in direct use and management of the foregoing vehicle, the owner of the vehicle must drive the vehicle after checking whether the vehicle was being driven by himself/herself, and the Defendant continued to subscribe to the mandatory insurance which is maintained only for a short period of one to three months, and the Defendant appears to have sufficiently known the termination of the mandatory insurance coverage period at the time of committing the instant crime. In full view of the following circumstances, the Defendant was operating the said vehicle upon recognizing the fact that the said vehicle was not covered by the mandatory insurance.

I seem to appear.

The defendant and defense counsel shall not be accepted.

Application of Statutes

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

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

1. The Criminal Act to attract a workhouse;

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