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(영문) 수원지방법원 2017.04.28 2016노7001
자동차손해배상보장법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (700,000 won) is too unreasonable.

2. The judgment of the Defendant is a favorable condition to the Defendant that the Defendant led to the confession of the facts charged in the instant case, and his mistake is divided, that the Defendant was punished by a fine, that there was no criminal record of the same kind, that the Defendant’s criminal intent for the instant crime is deemed to be weak, and that the Defendant is obliged to support his or her married, which is old and healthy.

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.

Although the Defendant did not have paid a traffic accident while driving a motor vehicle in this case, if human life damage occurs due to an accident while driving a motor vehicle without mandatory insurance, the victim is likely to avoid receiving minimum compensation for damage.

In addition, comprehensively taking account of various sentencing conditions as shown in the records and arguments of this case, such as the age, sex, environment, relationship with the victim, etc. of the defendant, the court below's punishment is too unreasonable, and thus, 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 for conclusion is without merit.

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