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(영문) 수원지방법원 2018.01.26 2017노5875
자동차손해배상보장법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence (700,000 won) that the court below rendered by the summary of the grounds for appeal is too unreasonable.

2. The fact that the defendant led to the confession of the facts charged in the instant case, and his mistake is divided, that the defendant did not have any criminal record heavier than a fine, and that the defendant seems not to have good economic condition is favorable to the defendant.

On the other hand, the following facts are disadvantageous to the defendant.

In light of the legislative intent of the Guarantee of Automobile Damage Compensation Act, the crime of this case is not easy to protect the victim by establishing a compensation guarantee system for damages caused by the operation of motor vehicles.

In other words, the defendant does not have any fact that he has paid a traffic accident while driving a motor vehicle of this case, but if human life damage occurs due to an accident while driving a motor vehicle without mandatory insurance, the victim is likely to be unable to receive the minimum compensation.

In addition, comprehensively taking account of various sentencing conditions shown in the records and arguments of this case, such as the defendant's age, sex, environment, etc., the sentence of the court below is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. 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.

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