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(영문) 서울중앙지방법원 2017.08.08 2017고정1541
자동차손해배상보장법위반
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On April 19, 2017, the Defendant was sentenced to six months of imprisonment for fraud, etc. at the Seoul Southern District Court on April 27, 2017 and the said judgment became final and conclusive on April 27, 2017.

On May 5, 2016, the Defendant owned a low typ vehicle B, and operated the said vehicle not covered by mandatory insurance at approximately 30 km section from the Gwanak-gu in Seoul Special Metropolitan City to the Southern-si Gyeongyang-si 372, Namyang-si, Nam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on investigation;

1. On-site photographs, the original register of notices of payment of penalties, inquiries into mandatory insurance, and details of the dispatch of notices on maturity of the suspect;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, and Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Compensation for Loss of Motor Vehicles that choose to be punished (Selection of Penalty)

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The latter part of Article 39(1) of the Exempted Criminal Act (the latter part of Article 39(1) of the Exempted Criminal Act (the fact that the defendant recognizes and reflects his own crime, the defendant was not exposed to the direct operation of a vehicle, and the defendant was tried together with the crime of this case which became final and conclusive in light of the circumstances, mode, degree, etc. of the crime of this case, it appears that he was not subject to more severe punishment, and thus, the crime of this case and the above crime for which judgment became final and conclusive are exempted from punishment

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