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(영문) 창원지방법원 진주지원 2017.01.13 2016고정342
자동차손해배상보장법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is the representative director of a limited company C Co., Ltd., who operates the above company, and is the owner of a D-WS and E-WS AWS Co., Ltd. owned by the above company.

1. On August 17, 201, the Defendant operated a passenger car with the foregoing amount that the Defendant did not purchase mandatory insurance on the G road located in F at the Jinju-si, G in advance.

2. On August 1, 2012, the Defendant operated the said Lone Star Co., Ltd., who did not purchase mandatory insurance on the first road located in Gangseo-gu Busan, Gangseo-gu, Busan.

3. On August 11, 2012, the Defendant operated the instant Lone Star Co., Ltd., who did not purchase mandatory insurance on the village front of the village at the Seocheon-si, Seocheon-si, Seocheon-si.

4. On July 7, 2014, around 18:56, the Defendant, at a point 163.5 km from the starting point of the Tong-gu Daejeon Highway, operated the said Lone Star Co., Ltd., who did not purchase a mandatory insurance policy.

Summary of Evidence

1. Statement by the defendant in court;

1. Perusal of the ledger for registration of each motor vehicle, inquiry of each non-insurance operation vehicle, and application of the statutes governing medical insurance contracts;

1. Relevant legal provisions and Articles 46(2) and 8 of the former Guarantee of Automobile Compensation (amended by Act No. 11269, Feb. 22, 2012; hereinafter the same shall apply); the main sentence of Article 8 (amended by Act No. 11269, Aug. 17, 201; hereinafter the same shall apply); the provision of mandatory insurance as of August 11, 2012; the provision of the former Guarantee of Automobile Compensation (amended by Act No. 12987, Jan. 6, 2015; hereinafter the same shall apply); the provision of Article 46(2)2 and the main sentence of Article 8 of the former Guarantee of Automobile Compensation Act (amended by Act No. 12987, Jul. 7, 2014; hereinafter the same shall apply); and the selection of each fine.

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is against the Defendant’s depth in committing his own crime. Some of the instant crimes are the employees of the transferee company while the Defendant transferred the company and did not dispose of each of the instant vehicles owned by the company.

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