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(영문) 전주지방법원 2013.10.25 2013노874
자동차손해배상보장법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (the fine of KRW 500,000) is too unreasonable in light of the overall sentencing conditions in light of the gist of the grounds for appeal.

2. A favorable circumstance is recognized such as the fact that the defendant recognized the crime of this case and is pening in depth, that the defendant does not directly drive the vehicle of this case, that the defendant has no record of punishment for the same kind of crime or of punishment heavier than that of a fine, and that the defendant must support his child.

However, the crime of this case is deemed to have operated a vehicle owned by the defendant which was not covered by mandatory insurance by the defendant to D. In full view of the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and other various sentencing conditions of Article 51 of the Criminal Act as stated in the records of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the court below's punishment is too unreasonable. Thus, the defendant's argument of unfair sentencing is without merit.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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