A. The judgment of the court below which convicted the defendant as a motor vehicle owner is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment, even though the person driving the cream car of this case who was not the defendant but driven by another person who borrowed the vehicle from the defendant.

B. The lower court’s sentence of unreasonable sentencing (fine 1.5 million won) is too unreasonable.

2. Determination:

A. The judgment of the court below on the assertion of the misapprehension of the legal principle requires that a “owner of an automobile” under the Guarantee of Automobile Accident Compensation Act be punished for the operation of an automobile without mandatory insurance. In this case, the legal principle that a “owner of an automobile” does not lose the status of a motor vehicle owner, unless there are special circumstances, even if he/she leased an automobile to another person without compensation.

Inasmuch as the Defendant himself claims that he was driving a vehicle by leasing it to another person, even according to the argument, there is no doubt in light of the above legal principles that the Defendant becomes a “owner of a vehicle” subject to punishment under the Guarantee of Automobile Accident Compensation Act, and the judgment of the court below which convicted the Defendant on the ground that he was driving a vehicle without mandatory insurance as a motor vehicle owner on the ground that the Defendant was driving a vehicle with no mandatory insurance as a motor vehicle, since it is recognized that the Defendant was owned by the Defendant and it was operated eight times as the facts charged, it is reasonable to conclude that the judgment of the court below which convicted the Defendant on the ground that the Defendant was driving a motor vehicle without mandatory insurance, and there is no error of law

B. The Defendant’s judgment on the assertion of unfair sentencing is the primary offender, the Defendant’s health is not good, and after the discovery of the instant case.