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(영문) 의정부지방법원 2013.08.13 2013노1045
자동차손해배상보장법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (a fine of KRW 700,00) on the summary of the grounds of appeal is too unreasonable.

2. In light of the following circumstances: (a) the Defendant did not have the same criminal history; and (b) each of the instant crimes is to consider equity with the case of being judged along with the crime resulting from rape injury finalized as a concurrent crime under the latter part of Article 37 of the Criminal Act; (c) the Defendant has a majority of criminal records due to driving of a vehicle, such as drinking or traffic accident; (d) the operation of a vehicle which has not bought mandatory insurance, such as the instant crime, may cause a situation that makes it difficult to secure minimum compensation for victims when a traffic accident occurs; (e) the nature of the crime is not good; (e) the period of operation without mandatory insurance seems not to be shorter; and (e) other factors leading to the crime; (e) the background leading up to the crime; (e) the age, character and conduct of the Defendant; and (e) circumstances after the crime, etc., the sentence of the lower court against the Defendant is too unreasonable.

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

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