A. The Defendant is not an operator or holder of each of the above vehicles.

B. The sentence (one million won of fine) imposed by the court below on the defendant is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. According to the main text of Articles 46(2)2 and 8 of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 12987, Jan. 6, 2015), an automobile not covered by mandatory insurance shall not be operated on the road. A motor vehicle owner who operates a motor vehicle not covered by mandatory insurance in violation of this provision shall be punished by imprisonment with prison labor for not more than one year or by a fine not exceeding five million won. Article 2 Subparag. 3 of the same Act defines “the owner of the motor vehicle” as “the owner of the motor vehicle or a person who has the right to use the motor vehicle for himself/herself, who operates the motor vehicle for himself/herself, regardless of whether he/she carries persons or goods,” and Article 2 Subparag. 2 of the same Act defines “operation” as “the use or management of the motor vehicle in accordance

B. In light of the above legal provisions, according to the following circumstances acknowledged by the evidence duly admitted and investigated by the court below, the defendant is the owner of CDap Vehicle and DDap Vehicle and operated the above vehicle without mandatory insurance as stated in the facts constituting the crime of the court below.

1 C Dap Vehicles were registered in the name of Company E, a company operated by the Defendant and his family members, at the time of the instant operation, and the Defendant was registered as a director of the said Company.

The Defendant was punished for committing the crime of operating the said vehicle not covered by mandatory insurance from April 30, 2012 to June 1, 2012. The Defendant himself/herself was driving the said vehicle.