자동차손해배상보장법위반
All judgment of the court below shall be reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall be imposed on the defendant.
1. Summary of grounds for appeal;
A. Legal doctrine misunderstanding each of the instant public prosecutions is based on police officers’ unlawful crackdown, and such prosecutions are invalid in violation of the provisions of law.
B. The punishment sentenced by the lower court (the first instance court: the fine of KRW 500,00,000, the second instance court: the fine of KRW 500,000) is too unreasonable.
2. Prior to the judgment on the grounds of appeal by the defendant's ex officio judgment on the grounds of appeal by the court below, the judgment of the court below Nos. 1 and 2 against the defendant was rendered, and the defendant filed an appeal as to each of the above judgment below, and this court decided to hold concurrent hearings. The first and second judgments against the defendant are related to concurrent crimes under the former part of Article 37 of the Criminal Act, and one sentence should be imposed pursuant to Article 38 (1) of the Criminal Act. Thus, all of the judgment of the court below cannot be maintained.
However, notwithstanding the above reasons for reversal ex officio, the Defendant’s assertion of misunderstanding the legal principles still is subject to the judgment of this court, and this is to be examined below.
3. According to the evidence duly adopted and examined by the court below on the argument of misunderstanding the legal principles, it is recognized that police officers discovered that the defendant was driving a vehicle not covered by mandatory insurance through the next inquiry during the patrol duty, and the control of police officers cannot be deemed unlawful, and there is no evidence to acknowledge otherwise, this part of the defendant's assertion is without merit.
4. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed in entirety and it is again decided as follows.
[Grounds for the judgment to be used again] Criminal facts and summary of evidence recognized by the court.