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(영문) 광주지방법원 2015.11.19 2015노649
자동차손해배상보장법위반
Text

The judgment of the court below is reversed.

The sentence against the accused shall be 700,000 won.

The above fine shall be imposed on the defendant.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (700,000 won of fine) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio determination, Article 46(2) of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 12987, Jan. 6, 2015) (amended by Act No. 12987, Jan. 6, 2015) provides that the upper limit of fines shall not exceed KRW 5 million and the Addenda to the Guarantee of Automobile Accident Compensation Act (amended by Act No. 12987, Jan. 6, 2015) shall enter into force on the date of its promulgation.

Therefore, each of the facts charged in the instant case (the crime of operating a vehicle with no mandatory insurance as of January 27, 2010, November 4, 2010, and May 5, 201) should be applied to Article 46(2)2 and the main text of Article 8 of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 11369, Feb. 22, 2012; hereinafter the same shall apply) in accordance with Article 1(1) of the Criminal Act, which is a corporation at the time of an act, in accordance with Article 1(1) of the Criminal Act. However, the lower court applied the new law to the Defendant, so the lower court erred by misapprehending the law that affected the conclusion of the judgment, and in this respect, the lower judgment was no longer maintained.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is the same as the corresponding column of the judgment of the court below. Thus, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the former Guarantee of Automobile Accident Compensation Act and the selection of fines for each crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. The Criminal Act for the detention of a workhouse;

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