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(영문) 의정부지방법원 2014.09.05 2014노493
자동차손해배상보장법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal of this case is around June 22, 2008, and thus, the statute of limitations has expired, and the defendant was issued a non-prosecution disposition by the prosecutor who is not authorized to institute a prosecution on this case.

Nevertheless, the judgment of the court below which convicted the defendant is erroneous in misconception of facts or misapprehension of legal principles.

2. The facts charged in the instant case constitute Article 38(2) of the former Guarantee of Automobile Accident Compensation Act (wholly amended by Act No. 9065, Mar. 28, 2008) and the statutory penalty is a fine not exceeding one year or five million won. Thus, the statute of limitations is five years pursuant to Article 249(1)5 of the Criminal Procedure Act. According to the evidence duly adopted and investigated by the court below, it is recognized that the Defendant operated a motor vehicle of the new-use type B on August 25, 2008 as indicated in the facts charged in the instant case, and the date of the instant indictment on August 23, 2013 on the record, and it is apparent that the prosecution was instituted at the time five years have not yet passed since August 25, 2008, which was the date of the completion of the crime in the instant case.

In addition, there is no evidence to acknowledge that the defendant was subject to the prosecution's non-exclusive disposition on the facts charged of this case.

(3) In light of the above legal principles, the court below erred by misapprehending the legal principles as to the motor vehicle accident compensation under Article 10 of the Motor Vehicle Accident Compensation Act, and exceeding the bounds of the principle of free evaluation of evidence, and exceeding the bounds of the principle of free evaluation of evidence, or exceeding the bounds of the principle of free evaluation of evidence, or exceeding the bounds of the principle of free evaluation of evidence, or exceeding the bounds of the principle of free evaluation of evidence, or exceeding the bounds of the principle of free evaluation of evidence.

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

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