자동차관리법위반등
A defendant shall be punished by a fine of 500,000 won.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
No automobile shall be operated without being registered in the register of automobiles.
Nevertheless, on August 16, 2018, the Defendant operated the FK5 car not registered in approximately 6 km section from the C parking lot located in Seosan-si B to the E parking lot located in the same city D.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning G;
1. Report on the occurrence of a traffic accident;
1. Application of the laws and regulations of the F of Inspection of Automobile Register (A)
1. Article 80 of the Motor Vehicle Management Act applicable to criminal facts, Articles 80 subparagraph 1 and 5 of the Motor Vehicle Management Act, the selection of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act (Violation of the Guarantee of Automobile Accident Compensation Act);
1. The summary of the facts charged is a person holding FK5 automobiles.
No owner of any motor vehicle shall operate any motor vehicle on a road which is not covered by mandatory insurance.
Nevertheless, the Defendant operated the said K5 car without mandatory insurance at the time and place stated in the ruling.
2. Determination
A. Article 46(2)2 of the Guarantee of Automobile Accident Compensation Act provides that “the owner of an automobile who operates an automobile not covered by mandatory insurance in violation of the main sentence of Article 8 shall be punished.”
However, Article 2 subparag. 3 of the Guarantee of Automobile Accident Compensation Act provides that "the owner of an automobile or a person who has the right to use the automobile for himself/herself" refers to the owner of an automobile or a person who is entitled to use the automobile, and "the person who operates the automobile for his/her own sake" here refers to the person who is in the position of the responsible body to control the operation of the automobile and to enjoy the benefit therefrom, and therefore special circumstances exist in cases where the owner of the automobile has leased the automobile without compensation to the person who