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(영문) 춘천지방법원 강릉지원 2017.07.06 2017고정115
자동차손해배상보장법위반
Text

A defendant shall be punished by a fine of 400,000 won.

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

Reasons

Punishment of the crime

No automobile which is not covered by mandatory insurance shall be operated on a road.

On March 27, 2017, around 09:50, the Defendant operated the vehicle B by allowing C to drive the vehicle B, where the distance of about 1 km is not covered by mandatory insurance, from the front of the 316-3 U.S.-3 U.S.-dong 3 to the roads near the 559 U.S.-ro 559 ( normal Dong), at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Reporting on arresting a suspected violation of the Guarantee of Automobile Damage Compensation;

1. Application of Acts and subordinate statutes regarding mandatory insurance;

1. As to the facts constituting an offense, the pertinent provision of Article 46(2)2 and the main text of Article 8 of the Guarantee of Automobile Compensation Act, and the choice of a fine [the Defendant, as he first violated the prohibition on the operation of a vehicle covered by mandatory insurance under the Guarantee of Automobile Compensation Act, he/she claimed that the Defendant is “offender” under the said Act and is merely subject to a disposition of penalty notification.

Article 46(2) of the Guarantee of Automobile Compensation Act provides that a minor person among those subject to criminal punishment pursuant to Article 46(2) shall be deemed as an “offender,” and shall substitute for the payment of a penalty in accordance with a disposition of notification instead of criminal punishment. However, Article 46(2) of the said Act provides that “any person who is deemed unreasonable to make a disposition of notification in consideration of the motive, means, and consequence, etc. of committing a crime” in the offender shall be excluded from the offender (Article 50(2)2), and notification that a person recognized as an offender should pay a penalty is limited to the discretionary matters of the head of a Si/Gun/Gu or the head of a police station, and thus, it does not constitute a mandatory disposition (Article 51(1)).

Ultimately, the defendant's above assertion is rejected.

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

1. The order of provisional payment;

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