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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

The Defendant is the owner of C Train XG vehicles.

On April 21, 2016, the Defendant was prohibited from operating a vehicle on the road, which is not covered by the mandatory insurance for automobiles, but operated the vehicle on the front of the road in front of the Seocheon-ri apartment in the Songcheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-ri, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Determination on the Defendant’s assertion on admissibility of each mandatory insurance inquiry

1. The defendant and his defense counsel acknowledged that they operated a motor vehicle recorded in the facts constituting a crime not covered by mandatory insurance, but that it is illegal for police officers to check and control the vehicle number at will by using PEA without a search and seizure warrant, etc. even though they did not have any suspicion of crime at the time of driving of the defendant of this case. Thus, all the evidence of this case collected thereafter are inadmissible, and there is no evidence of reinforcement.

2. Article 2 of the Act on the Performance of Duties by Police Officers includes “prevention, Suppression and Investigation of Crimes” (No. 2) and “traffic control and traffic danger and injury prevention” (No. 5) as the scope of duties of police officers. Article 6 of the Act on the Performance of Duties by Police Officers includes “A police officer intends to commit a crime in front of the police officer” (Article 6).

If it is recognized, a warning necessary to prevent such act may be given to the persons concerned, and in cases of emergency where such act is likely to inflict any danger or injury on people's lives and bodies or cause any serious damage to property, such act may be prevented.

Meanwhile, the main text of Article 8 of the Guarantee of Automobile Compensation Act provides that “any motor vehicle which is not covered by mandatory insurance shall not be operated on the road.” Article 46(2)2 of the Guarantee of Automobile Compensation Act provides that any person who operates a motor vehicle not covered by mandatory insurance in violation of this provision shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won.