자동차손해배상보장법위반
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. Summary of grounds for appeal;
A. In light of the legal principles, the Defendant was unaware of the existence of the Guarantee of Automobile Accident Compensation Act, and the victim of a traffic accident. Therefore, it is unreasonable to punish the Defendant as a violation of the Guarantee of
B. In light of all the sentencing conditions of unfair sentencing, the sentence of the lower court (fine of KRW 300,000) is too unreasonable.
2. Determination on the grounds for appeal
A. As to the assertion of misapprehension of the legal principles, Article 16 of the Criminal Act provides that his act of misunderstanding that his act does not constitute a crime under the Acts and subordinate statutes shall not be punishable only when there are justifiable grounds for such misunderstanding. It does not mean a simple case of the site of law, but it is generally accepted that it does not constitute a crime due to an act permitted by the Acts and subordinate statutes in case of a general crime, but in case of a person's own special circumstance,
(2) In light of the aforementioned legal principles, the Defendant’s mistake is merely a mere legal site, and cannot be deemed as a mistake in law under Article 16 of the Criminal Act that has justifiable grounds, and whether the Defendant was a victim of a traffic accident or not does not interfere with the establishment of the crime of violation of the Guarantee of Automobile Accident Compensation Act, and thus, the Defendant did not know the existence of the Guarantee of Automobile Accident Compensation Act and did not know the fact that the instant two-wheeled automobile was to be covered by mandatory insurance. The Defendant asserted that the Defendant was punished as a victim of a traffic accident while driving the instant two-wheeled automobile. However, in light of the aforementioned legal principles, the Defendant’s mistake is deemed as constituting a mere legal site, and cannot be deemed as a mistake in law under Article 16 of the Criminal Act that has justifiable grounds.
B. The operation of a motor vehicle to decide on the allegation of unfair sentencing causes death, injury, or loss of property.