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(영문) 의정부지방법원 2019.05.28 2018노2838
자동차손해배상보장법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of 300,000 won) imposed by the court below is unreasonable.

2. As a result of the appellate court’s examination of whether the sentencing of the first instance is unfair, unless there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, this shall be respected as

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In full view of all the sentencing conditions (such as the confession of a crime, the period of operation of an uninsurance vehicle, the violation of the Punishment of Violences, etc. Act (joint conflict), etc., committed simultaneously with the crime in which the judgment became final and conclusive, etc., the equity with the case where the defendant is judged, the age and character of the defendant, the character and conduct, the environment, the motive and circumstance of the crime, the circumstances after the crime, etc.) indicated in the records and arguments in the instant case, even if the defendant considered all the circumstances (such as the status of a student, the family character, and the fact that there is no income after the crime, etc.), the sentence imposed by the court below is too unreasonable, and the defendant's assertion is not acceptable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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