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(영문) 대구지방법원 2017.11.24 2017노1991
자동차손해배상보장법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence (one million won penalty) imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. A favorable circumstance is that the Defendant, who led to the confession of the instant crime, is against the Defendant, and the Defendant appears to have subscribed to mandatory insurance on October 23, 2017 after the instant crime was committed, and the Defendant appears to have been faced with an economic difficult situation.

However, the crime of this case is that the defendant operated a motor vehicle with no mandatory insurance, and the crime of this case is disadvantageous to the defendant, in light of the legislative intent of the Guarantee of Automobile Compensation Act to protect the victims of traffic accidents by establishing a compensation guarantee system for damages caused by the operation of motor vehicles. The defendant is not aware of the fact that he committed the crime of this case without being aware of the fact that he had been punished several times due to the same crime.

In addition to the above circumstances, considering the Defendant’s age, sex, environment, motive and background leading to the instant crime, its means and consequence, the circumstances after the instant crime, etc., the sentence imposed by the lower court cannot be deemed unfair on the ground that the Defendant’s punishment was inappropriate.

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 as per Disposition.

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