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(영문) 수원지방법원 여주지원 2018.01.09 2017고정309
자동차손해배상보장법위반
Text

Defendant shall be punished by a fine of 300,000 won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On August 24, 2017, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint conflict) at the Seoul Central District Court, and the judgment became final and conclusive on September 1, 2017.

The defendant is a person who is engaged in the business of operating a passenger car by borrowing B.

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

Nevertheless, on December 14, 2016, the Defendant operated the said vehicle, which was not covered by mandatory insurance on the front side of the “Down-ro 31-16” street No. 31-16, No. 4, Dog-ro, Liju-si, Liju-si on December 14, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. Reporting on detection of violation of the Guarantee of Automobile Damage Compensation;

1. Inquiry into information on non-performance of mandatory insurance;

1. Notification of discovery of vehicles that have not mandatory insurance;

1. A report confirming the previous conviction of the disposition;

1. A report of investigation, confirmation of a previous offense, and the application of Acts and subordinate statutes in indictment;

1. Relevant Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Compensation for Damages Caused by Motor Vehicles Act and selection of fines concerning facts constituting an offense;

1. Subsequent to Article 37, however, Article 39 (1);

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

1. The Defendant asserts to the effect that he was unaware of the fact that he had not entered the insurance policy, as to Article 334(1) of the Criminal Procedure Act.

The term "motor vehicle owner" means the owner of a motor vehicle or a person entitled to use a motor vehicle, who operates the motor vehicle for his/her own sake (Article 2 subparag. 3 of the Guarantee of Automobile Damage Compensation Act), and the owner of a motor vehicle must subscribe to liability insurance or liability mutual aid to the victim liable for paying the amount prescribed by Presidential Decree in cases of death or injury of another person due to the operation of the motor vehicle (Article 5(1) of the Guarantee of Automobile Damage Compensation Act). According to the record, the defendant was found to have operated a motor vehicle owned by another person not covered by the motor vehicle mandatory insurance on November 3, 2016 and was subject to suspension of indictment.

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