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(영문) 부산지방법원 2017.08.25 2017노1714
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. It is recognized that the defendant repents his mistake.

However, considering the fact that the Defendant has been punished several times, the number of times of operating a motor vehicle which has not entered into mandatory insurance, and the Defendant’s age, sex, environment, motive, means and consequence of each of the instant crimes, etc., the lower court’s punishment is too unreasonable, as it is too unreasonable, considering all of the sentencing conditions specified in the instant pleadings, such as the circumstances after the crime.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition (Article 46(2)2 and the main sentence of Article 8 of the Act on the Guarantee of Automobile Compensation for Criminal Crimes, “The main sentence of the judgment of the court below,” which is “Article 46(2)2 and the main sentence of Article 8 of the Act on the Guarantee of Automobile Compensation for Criminal Crimes, is obviously correction of Article 46(2)2 and Article 8 of the former Guarantee of Automobile Compensation for Damages (amended by Act No. 12987, Jan. 6, 2015) of the Act on the Guarantee of Automobile Compensation for Specific Crimes, and Article 46(2)2 and the main sentence of Article 8 of the Act on the Guarantee of Automobile Compensation for Motor Vehicles, and correction of any error in the rules on criminal procedure ex officio.”

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