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(영문) 인천지방법원 부천지원 2017.11.24 2017고정838
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 a driver of K5 car, and is a real holder.

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

Nevertheless, on June 12, 2017, the Defendant operated the said car that was not covered by mandatory insurance at around 14:20 on June 12, 2017, with approximately KRW 1 km from the front road to the long-distance of 225-13 in the same city as the defendant's dwelling D, the front road from the front road to the long-distance of Chuncheon.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. A E-document;

1. Inquiry into mandatory insurance, making a tea entry (the accused and the defense counsel will renew the insurance contract from the insurance company before the mandatory insurance of the instant vehicle is due;

The Defendant alleged that the Defendant had no intent to commit the instant crime because he/she entered the instant vehicle into three of the four vehicles of the Defendant on the part of the insurance company, and omitted the instant vehicle. However, according to the aforementioned evidence, the following facts are acknowledged as follows: (i) there was a fact that the Defendant received a summary order of KRW 500,000 from the court on December 2, 2016 due to the violation of the Guarantee of Automobile Compensation Act; (ii) it is common to confirm the insurance relationship, such as whether the relevant vehicle is insured and its scope, in preparation for any traffic accident that may occur in the course of operation of the vehicle; and (iii) if the Defendant applied for the insurance policy of KRW 30,00,000,000,000,000,000,000 were different from the details and insurance premiums notified by the employees of the insurance company, and thus, the Defendant was unaware.

③ In the recording of conversation between the Defendant and the employees of the insurance company, it is difficult to see that “The Defendant asked a counselor who intends to purchase the insurance to ask for a telephone to the insurance company, and the counselor provided a telephone to which he/she became aware.”

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