logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.08.24 2017고정694
자동차손해배상보장법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a holder of cussa car in C.

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

Nevertheless, at around 23:45 on June 11, 2016, the Defendant operated the said vehicle, which was not covered by mandatory insurance, from the parking lot of the 120-1 National University Hospital in Gwangjin-gu, Seoul Special Metropolitan City to the 128 km-ro, Suwon-si, Suwon-si.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. An inquiry into the chassis and mandatory insurance (the defendant and his defense counsel has different knowledge that the motor vehicle driven by the defendant has not been covered by mandatory insurance;

The argument is asserted.

However, according to the evidence duly adopted and examined by the court, the defendant was found to have known that the automobile of this case was not covered by the mandatory insurance at the time when he received the instant automobile from D, and that the defendant operated the instant automobile only without confirming whether the instant automobile had been covered by the mandatory insurance even though he had previously been punished several times due to the same kind of crime. Even if the defendant had previously committed several acts, the defendant demanded to pay the insurance premium at the deposit amount of KRW 2.5 million paid to D to operate the instant automobile.

Even if the defendant had the intention to operate a motor vehicle not covered by mandatory insurance, he did not have the intention to operate the motor vehicle.

The decision is judged.

Therefore, we cannot accept the above argument.

Application of Statutes

1. Relevant Article 46 of the Act concerning facts constituting an offense, and Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Compensation for Motor Vehicle Damages, and Selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

arrow