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(영문) 수원지방법원 2017.01.19 2016고정3079

자동차손해배상보장법위반

Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is the owner of the vehicle B.

On August 31, 2016, the Defendant operated the said vehicle that was not covered by mandatory insurance on the front road of Osan City at Osan City.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Making teas;

1. Mandatory insurance inquiry [the subject of a violation of Article 46 (2) 2 of the Guarantee of Automobile Damage Compensation Act is the owner of the automobile, while the "motor vehicle owner" in Article 2 subparagraph 3 of the same Act means the owner of the motor vehicle or a person entitled to use the motor vehicle for himself/herself.

"A person who has the right to use a motor vehicle" is interpreted to include all the persons entitled to use a motor vehicle on his/her behalf. As such, Article 46 (2) 2 of the same Act cannot be interpreted by limiting the subject of the crime to the registered owner of the motor vehicle (see, e.g., Supreme Court Decision 2004Do1018, Apr. 23, 2004). The following circumstances acknowledged by the evidence adopted and examined by the court are as follows: (i) the motor vehicle of this case is a motor vehicle of which the defendant completed the registration of transfer on August 24, 201; (ii) D is missing and D is deemed to include those who have the right to use the motor vehicle on his/her behalf; (iii) the defendant was unable to use the motor vehicle on his/her own on his/her own on his/her own on his/her own behalf; and (iv) the defendant was operating the motor vehicle of this case to his/her family at his/her own discretion on the day of his/her death of the motor vehicle of this case.