beta
(영문) 춘천지방법원 2017.05.24 2016노514

자동차손해배상보장법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below which acquitted the defendant on the other premise that the defendant is liable to join the mandatory insurance policy prescribed by the Enforcement Decree of the Guarantee of Automobile Compensation for Motor Vehicles Act (hereinafter "the Act") and the Enforcement Decree of the Construction Machinery Management Act, which has a defendant operated by the summary of the grounds for appeal.

2. The offense of violating Article 46(2)2 of the Act by which the owner of a motor vehicle is determined shall be established when the owner of a motor vehicle operates a motor vehicle not covered by mandatory insurance, in violation of the main sentence of Article 8 of the Act on his/her part;

A motor vehicle owner is obligated to subscribe to liability insurance or mutual aid pursuant to Article 5 (1) through (3) of the Act, and the operation of his/her motor vehicle is prohibited when he/she has not subscribed to mandatory insurance pursuant to the main sentence of Article 8 of the Act. The term "motor vehicle prescribed by Presidential Decree from among the motor vehicle subject to the Motor Vehicle Management Act and the construction machinery subject to the Construction Machinery Management Act" means a motor vehicle that the owner bears the same obligation pursuant to the definition of Article 2 (1) 1 of the Act.

In Article 2 of the Enforcement Decree of the Act, construction machinery falling under Article 2 subparagraph 1 of the Act is listed, but it does not include forkives.

However, among special construction machinery under subparagraph 7 (a) of Article 2 of the Enforcement Decree of the Construction Machinery Management Act, the term " truck driver's car" includes ", but the truck driver's car is distinct from "the driver's car", "the driver's seat is equipped with separate work equipment at the rear side of the driver's seat, install a horse or boom boom and install a boom (Provided, That the construction machinery of a structure that can load heavy goods by selective work equipment is included in the structure that can load heavy goods).

In other words, Article 2 of the Construction Machinery Management Act provides that "construction machinery means machinery that can be used for construction works and that is prescribed by Presidential Decree", and Article 2 of the Enforcement Decree of the same Act provides that "the scope of construction machinery" is specified as attached Table 1.