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(영문) 부산지방법원 2015.09.11 2015노1837

자동차손해배상보장법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment of a fine of KRW 700,00,000 imposed by the court below against the defendant is too unreasonable.

2. It is recognized that the defendant recognized the crime of this case and reflects his mistake, and the defendant is not sufficiently capable of economic situations as a recipient of basic living benefits.

However, the crime of this case is not a case where the defendant operated a vehicle without mandatory insurance, and the Automobile Accident Compensation Guarantee Act imposes compulsory insurance in order to recover damage to the occurrence of an accident caused by potential danger to the operation of a vehicle. In light of the legislative intent of this case, it is necessary to impose strict punishment on a vehicle without mandatory insurance, and the defendant has the history of being subject to multiple criminal punishment even before, taking into comprehensive account the following factors: the defendant's age, environment, family relationship, circumstances leading to the crime of this case, and circumstances before and after the crime, etc., the court below's punishment cannot be deemed unfair because it is too excessive.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.