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(영문) 서울서부지방법원 2019.09.24 2019고단2509
자동차손해배상보장법위반등
Text

A defendant shall be punished by imprisonment with prison labor for not more than four months and a fine not exceeding three hundred thousand won.

If the above fine is not paid, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant violating the Guarantee of Automobile Accident Compensation Act is a holder of two-wheeled automobile.

No motor vehicle owner shall operate any motor vehicle on the road on which mandatory insurance is not subscribed.

Nevertheless, around 09:00 on June 23, 2019, the Defendant operated the two-wheeled automobile that was not covered by mandatory insurance at approximately 60 km section from 09:0 to 3,00,000 to 3,00,00,000.

2. No driver of any motor vehicle or horse other than a motor vehicle violating the Road Traffic Act shall drive on or cross any expressway, etc.;

Nevertheless, around 09:00 on June 23, 2019, the Defendant passed approximately 100 meters away from the river north of Mapo-gu, Seoul, the exclusive exclusive road for motor vehicles, into two-wheeled motor vehicles as described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Control note and mandatory insurance bureau;

1. Application of Acts and subordinate statutes concerning field photographs of crackdown;

1. Relevant legal provisions concerning facts constituting an offense, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8, and Articles 154 and 63 of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 3 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act [Incompetence] of the order of provisional payment [Incompetence] is highly likely to criticize each of the crimes of this case without any awareness of any particular crime even though the defendant had a record of repeatedly committing the act of violating the Road Traffic Act and has been subject to criminal punishment.

The distance from driving a two-wheeled motor vehicle not covered by mandatory insurance shall also be the way.

[Ligue circumstances] The defendant recognizes all of his mistakes.

The defendant is in excess of the suspended sentence of imprisonment.

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