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(영문) 부산지방법원 2016.08.26 2016노1793
자동차손해배상보장법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that each sentence of the lower court (each of the crimes listed in Nos. 1 through 24 of the List of Offenses Attached to the holding of the lower court: a fine of two million won, and each crime listed in Nos. 25 through 41 of the List of Offenses Attached to the holding of the lower court: a fine of one million won) is too unreasonable.

2. The judgment of the defendant is against the mistake while recognizing the crime of this case, and on December 11, 2013, the defendant was sentenced to the suspension of the execution of the imprisonment of six months at the Busan District Court on June 10, 2014, and the judgment becomes final and conclusive on June 10, 2014. However, the circumstances, such as the fact that each crime listed in Nos. 25 through 41 in the attached Table of the judgment of the court below and the above crime of fraud for which the judgment became final and conclusive, need to be determined in consideration of equity in the case where the judgment

However, the crime of this case is about 41 times from November 15, 2013 to November 2, 2015, with the purpose of protecting the victims by establishing a system of guaranteeing damages in the event a person dies, is injured, or property is destroyed or damaged due to the operation of a motor vehicle, and promoting the sound development of motor vehicle transport by preventing social losses caused by a motor vehicle accident. The defendant has been punished twice for the same crime, taking into account the following factors into account: the defendant's age, environment, family relationship, circumstances leading to the crime of this case, and circumstances leading up to the crime of this case and circumstances leading to the crime before and after the crime, etc., the sentence of the court below 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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