자동차손해배상보장법위반
All the judgment below is reversed.
Defendant shall be punished by a fine of two million won.
The above fine shall not be paid by the defendant.
1. Summary of the grounds for appeal: 500,000 won in the penalty (the first instance court, the fine of 500,000 won in the second instance, and the fine of 1.5 million won
2. On the defendant, the first and second original judgments are sentenced to each of the judgment below, and the defendant filed an appeal against each of the above two appeals cases, and this court decided to hold concurrent hearings. Since each of the crimes of the first and second original judgments against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act and it is reasonable to sentence one punishment pursuant to Article 38(1) of the Criminal Act, the first and second original judgments should be reversed.
3. As such, the first and second judgments of the court below on the grounds of ex officio reversal as seen earlier, the above judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and they are again decided as follows.
[Discied Reasons for the judgment of multiple court] Criminal facts and summary of evidence recognized by the court is identical to those stated in the corresponding column of the first and second original judgment.
(Article 369 of the Criminal Procedure Act). Application of law
1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and fines;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. A person who has a reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The distance of operation is long and the person has been re-run despite the fact that he/she has failed to buy mandatory insurance;
A mitigated person who has caused a traffic accident, and thus has failed to recover damage to the victim: The confession, the degree of injury to the victim is not much serious, and the defendant's age, character, character, family environment, and crime are committed.