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(영문) 창원지방법원 2017.06.15 2017노407
자동차손해배상보장법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable.

2. There are extenuating circumstances such as the fact that the defendant recognizes all of the crimes and reflects, and that the defendant is not sufficiently capable of receiving the basic living conditions.

However, in light of the legislative intent of the Guarantee of Automobile Compensation in order to protect the victims of traffic accidents, if the defendant arbitrarily drives a vehicle not covered by mandatory insurance at will over 14 times more than a year, the crime liability is not less severe, the defendant has a number of different criminal records, and the defendant lacks economic ability to pay a fine.

Even if a fine not exceeding 3 million won, as in the instant case, can be replaced by community service at the Defendant’s request, and in full view of all other circumstances, such as the Defendant’s age, environment, sex, criminal conduct, circumstances before and after the crime, and circumstances before and after the crime, it is not recognized that the sentence imposed by the lower court is too unreasonable.

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

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