자동차손해배상보장법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 700,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal is too unreasonable that the penalty (700,000 won) imposed by the court below against the defendant is too unreasonable.
2. Before determining the grounds for appeal by the Defendant’s ex officio, the lower court ex officio examined each of the instant charges, and applied Article 46(2)2 and the main text of Article 8 of the current Guarantee of Automobile Accident Compensation Act (amended by Act No. 12987, Jan. 6, 2015) to each of the instant charges.
Article 46 (2) 2 of the current Guarantee of Automobile Accident Compensation Act (amended by Act No. 12987, Jan. 6, 2015) was amended and enforced on the same day. According to the amendment, the statutory penalty was imposed on “a imprisonment for not more than one year or a fine not exceeding 5 million won” and “a fine not exceeding 10,000 won.” Of each of the facts charged in the instant case, the judgment below is no longer applicable since Article 46 (2) 2 of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 12987, Jan. 6, 2015) which was a corporation at the time of the act on the operation of a motor vehicle which was not mandatory insurance as of October 8, 2014 and November 30, 2014, and Article 46 (2) 2 of the current Guarantee of Automobile Accident Compensation Act (amended by Act No. 12987, Jan. 6, 2015).
3. Accordingly, the 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 the judgment below is again decided as follows after oral argument.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 46 of the Act on the Guarantee of Automobile Accident Compensation and the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 12987, Jan. 6, 2015) regarding criminal facts.