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(영문) 수원지방법원 2015.07.15 2014노3781
자동차손해배상보장법위반등
Text

The defendant's appeal is dismissed.

The costs of trial in the trial shall be borne by the defendant.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts (the violation of the Guarantee of Automobile Accident Compensation Act) the Defendant operated an erroneous part of the mandatory insurance policy at the time.

Nevertheless, the judgment of the court below which convicted him of violating the Guarantee of Automobile Accident Compensation Act among the facts charged in this case is erroneous in the misapprehension of facts, which affected the judgment.

B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too unreasonable.

2. Determination

A. According to the judgment of the court below and the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, it can be recognized that the defendant had subscribed again to LIG damage insurance on May 14, 2013 after the expiration of the mandatory insurance period on May 14, 2013. Thus, the defendant operated Oral Ba which was not covered by mandatory insurance on June 24, 2013, which was at the time of the instant case.

Therefore, this part of the defendant's argument is without merit.

B. Even when considering the fact that the defendant's decision on the assertion of unfair sentencing is based on the time of and against the crime, that there is no history of punishment by imprisonment with prison labor, that there is no old age and economic difficulty, the crime of this case is deemed to drive an erroneous boom which is not covered by mandatory insurance without a driver's license, in light of the circumstances of the crime, method and contents, etc., the defendant has a record of multiple criminal punishments as a crime of violating the Road Traffic Act (unlicensed Driving) and among them, has committed the crime of this case under the suspended sentence of imprisonment with prison labor for the reason that he/she was punished for a violation of the Road Traffic Act (Unlicensed Driving) on October 201, and thereby, commits the crime of this case during the suspended sentence period. In full view of all circumstances such as the defendant's age, character and behavior, environment, family relationship, motive, means and result of the crime, etc., the defendant's argument is without merit.

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