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(영문) 의정부지방법원 2017.05.19 2016노3585
자동차손해배상보장법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (an amount of KRW 1.5 million) is too unreasonable.

2. The judgment of the defendant recognizes the crime of this case and reflects it, and there is no record of criminal punishment against the defendant exceeding the fine.

However, it seems that the defendant had been punished for the same crime in 2013, and the motor vehicle that was not covered by mandatory insurance in the year 2016 seems to have been controlled by Seoul, Ansan and Medical Government while repeatedly driving the motor vehicle. Therefore, in light of the legislative intent of the Guarantee of Automobile Damage Compensation Act that intends to establish a compensation guarantee system due to the operation of the motor vehicle and protect the victim of the traffic accident, the crime is not weak.

In full view of such circumstances and other circumstances as the Defendant’s age, sexual conduct, environment, motive, means, and consequence of the crime, etc., the sentencing conditions as shown in the instant pleadings, such as the circumstances after the crime, cannot be deemed as unfair because the sentence imposed by the lower court is too 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 as per Disposition.

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