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(영문) 수원지방법원 2015.07.08 2015노662
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (20,000,000 won of fine) is too unreasonable.

2. The instant crime is driving a vehicle that the Defendant did not purchase mandatory insurance without a driver's license on May 28, 2014, even if considering the fact that the Defendant was aware of and against the commission of the crime, the degree of the injury the victim suffered is minor, the victim does not want the punishment against the Defendant by mutual agreement with the victim, and the Defendant’s old and health status is not good.

On October 26, 2014, and October 29, 2014, the Do which had been tried in the above case without the driver's license is driving a vehicle without the driver's license on October 26, 2014 and October 29, 2014. In light of the background, frequency, methods, details, etc. of the crime, the crime is not good. The defendant has the ability to repeatedly drive a vehicle without the driver's license on one occasion and five times criminal punishment due to driving without the driver's license, even though he/she had been sentenced to four months of imprisonment due to the violation of the Attorney-at-Law Act around May 201, and the execution of the sentence was completed and even during the period of repeated crime, the defendant committed the crime of this case on another occasion while the execution of the sentence was completed on September 2011. In full view of all the circumstances such as the defendant's age, character and behavior, environment, family relationship, motive, means, and result after the crime, the defendant's assertion is unreasonable.

3. In conclusion, 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. It is so decided

However, pursuant to Article 25(1) of the Regulations on Criminal Procedure, the pertinent provision of the Act on the Guarantee of Automobile Accident Compensation and Article 46(2)2 and Article 8 of the Guarantee of Automobile Accident Compensation Act (amended by Act No. 12987, Jan. 16, 2015) shall apply to the judgment of the court below.

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