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(영문) 수원지방법원 2017.08.18 2017노2103
자동차손해배상보장법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (the suspension of sentence of a penalty of KRW 500,000) is deemed to be too unfilled and unfair.

2. The lower court suspended a fine of KRW 500,00,000, considering the Defendant’s unfavorable circumstances and favorable circumstances.

In the first instance, the sentencing conditions are as follows. In particular, the Defendant appears to have committed the instant crime because the expiration of the mandatory insurance period was not neutic, and the Defendant was committed with the mandatory insurance immediately after the enforcement, and thus, the risk of repeating the crime is considerably low.

In full view of the fact that the sentencing of the court below exceeded the reasonable limit of its discretion when considering the sentencing criteria, the sentencing of the court below, the sentencing criteria, etc.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, even if the circumstances and results of the instant crime were to be comprehensively considered, the sentence of the lower court is appropriate, and it is not deemed unfair because it is too unfasible.

Therefore, prosecutor's assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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