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(영문) 청주지방법원 충주지원 2017.11.15 2017고정174
자동차손해배상보장법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is the owner of C Vehicle.

According to Article 8 (Prohibition of Driving Motor Vehicles) of the Guarantee of Automobile Compensation Act, no person who owns a motor vehicle shall operate a motor vehicle without mandatory insurance.

On November 3, 2013, 15:13, the place of violation date of the No. 15:13, on November 3, 2013, the Defendant operated the said automobile that was not covered by the mandatory insurance on October 13, 2013, on September 25, 2013, in the 16:20 Epici R [S No. 16:20], on September 25, 2013, the 16:20 Epiced by the voice group, the next 4:38 national highways (Sari-Saewa) prior to the 12:5, Chungcheongnam-Saro, the 138th National Road (Sari-Sari-Sari-Sho), however, on April 12, 2013, the Defendant operated the said automobile that was not covered by the mandatory insurance.

Summary of Evidence

1. Statement to the effect that the defendant has driven a C vehicle not covered by mandatory insurance at each time and at each place stated in the facts constituting the crime committed in this Court;

1. Referral of each motor vehicle damage guarantee to a person;

1. Partial certificates of registered matters and certification of closure of business;

1. Original Register of Automobile Registration;

1. Application of Acts and subordinate statutes for liability insurance contracts;

1. Relevant Article of the Act and the main sentence of Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Compensation for Motor Vehicle Damages, for which the relevant provision of the Act and the relevant provision concerning criminal facts are applicable.

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. On November 7, 2013, the Defendant issued a summary order of KRW 500,000 on April 16, 2014 (No. 3621, hereinafter “instant summary order”) with respect to the fact that he/she operated a vehicle on the criminal facts stated in the judgment that he/she did not purchase mandatory insurance (hereinafter “instant vehicle”), and the said summary order became final and conclusive on April 29, 2014.

However, since the facts charged in this case are the same contents as the above summary order, res judicata of the above summary order also affect the facts charged in this case.

2. Determination.

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