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(영문) 인천지방법원 2015.11.25 2015노3020
자동차손해배상보장법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was unaware of the fact that the Non-Joining of the automobile liability insurance violates the Guarantee of Automobile Accident Compensation Act.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 500,000) is too unreasonable.

2. Determination:

A. As to the assertion of misunderstanding of facts or misapprehension of legal principles, Article 16 of the Criminal Act provides that "the act of the person in question misleads the misunderstanding that his act was not a crime under the Acts and subordinate statutes shall not be punishable only when there are justifiable grounds for misunderstanding." This does not mean a simple legal site, but it is generally a crime, but in special circumstances, it is recognized that his act constitutes a crime but does not constitute a crime under the Acts and subordinate statutes, and there are justifiable grounds for misunderstanding such misunderstanding (see, e.g., Supreme Court Decision 2000Do3051, Sept. 29, 200). Whether there exists such justifiable grounds shall be determined depending on whether the act was not aware of the illegality of his act by himself, if he had been able to examine or inquire about the possibility of illegality of his act with his intellectual ability, and whether the act was not recognized as a result of misunderstanding of his own ability, even if it could have been sufficiently endeavored to avoid it. The degree of efforts necessary for recognition of illegality should be determined differently depending on an individual's and social ability.

(See Supreme Court Decision 2005Do3717 Decided March 24, 2006, etc.). In light of the aforementioned legal doctrine, the health care unit regarding the instant case and the circumstance alleged by the Defendant that the Defendant was unaware of the relevant law is merely merely a legal site, and the Defendant is aware of the illegality of the act.

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