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(영문) 수원지방법원 2017.08.11 2017노2618

자동차손해배상보장법위반

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The defendant's appeal is dismissed.

Reasons

1. The sentence (one million won penalty) imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. The fact that the defendant, who made a judgment, led to the confession of the crime, repents his mistake, and that the defendant's economic situation seems not good is favorable to the defendant.

On the other hand, the following facts are disadvantageous to the defendant.

In light of the legislative intent of the Guarantee of Automobile Damage Compensation Act, the crime of this case is not easy to protect the victim by establishing a compensation guarantee system for damages caused by the operation of motor vehicles.

In other words, the defendant does not have any fact that he has paid a traffic accident while driving a motor vehicle of this case, but if human life damage occurs due to an accident while driving a motor vehicle without mandatory insurance, the victim is likely to be unable to receive the minimum compensation.

In addition to the defendant's previous convictions, due to the operation of other automobiles which are not covered by mandatory insurance, the defendant has not been prosecuted for violation of the Guarantee of Automobile Damage Compensation Act, and again committed the crime of this case.

In addition, comprehensively taking account of various sentencing conditions shown in the records and arguments of this case, such as the defendant's age, sex, environment, etc., the sentence of the court below is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.