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(영문) 인천지방법원 2015.09.23 2015노2354
자동차손해배상보장법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s punishment of KRW 500,00,000 is too unreasonable.

2. The fact that the defendant confessions and reflects the crime of this case, and the crime of this case is committed by the defendant on November 13, 2014 after being sentenced to imprisonment with prison labor for one year and eight months at the Incheon District Court on January 9, 2015 and under the latter part of Article 37 of the Criminal Act, in relation to concurrent crimes under the latter part of Article 39(1) of the Criminal Act, the principle of equity should be considered in the case of concurrent crimes under Article 39(1) of the Criminal Act. However, the punishment determined by the court below seems to have taken into account all favorable circumstances for the defendant, and there are no special circumstances or changes in circumstances that can be newly considered in the sentencing after the sentence of the court below. In full view of various sentencing conditions as well as the age and character of the defendant, circumstances before and after the crime, etc., the punishment of the court below against the defendant is too unreasonable.

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

[Provided, That the term "the pertinent provision of the Act on the Guarantee of Automobile Accident Compensation (amended by Act No. 9450, Feb. 6, 2009) and "the choice of punishment" in the provisions of the law of the court below shall be construed as "each of the former Act on the Guarantee of Automobile Accident Compensation (amended by Act No. 9450, Feb. 6, 2009); the main provision of Article 8 (1) and Article 46 (2) and the main provision of Article 8 (2) of the former Act on the Guarantee of Automobile Accident Compensation (amended by Act No. 11369, Feb. 22, 2012)" and "the former Act on the Guarantee of Automobile Accident Compensation (amended by Act No. 9450, Feb. 6, 2009)" shall be construed as "the former Act on the Guarantee of Automobile Accident Compensation (amended by Act No. 9450, Oct. 28, 2008; 208).

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