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(영문) 수원지방법원 2017.09.29 2017노2816
자동차손해배상보장법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (2 million won in penalty) is too unreasonable.

2. The judgment is that the defendant led to the confession of the crime, and his mistake is divided, the defendant does not have a criminal record of punishment heavier than the fine, and the defendant appears not to have good economic condition, and the fact that the vehicle used for the crime of this case seems to have been scrapped is favorable to the defendant.

On the other hand, the following facts are disadvantageous to the defendant.

In light of the legislative intent of the Guarantee of Automobile Damage Compensation Act, the crime of this case is not easy to protect the victim by establishing a compensation guarantee system for damages caused by the operation of motor vehicles.

In other words, the defendant does not have any fact that he has paid a traffic accident while driving a motor vehicle of this case, but if human life damage occurs due to an accident while driving a motor vehicle without mandatory insurance, the victim is likely to be unable to receive the minimum compensation.

The Defendant operated a motor vehicle that did not buy mandatory insurance for a long time.

In addition, comprehensively taking account of various sentencing conditions shown in the records and arguments of this case, such as the defendant's age, sex, environment, etc., the sentence of the court below is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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