도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Of the facts charged in the instant case.
1. Summary of grounds for appeal;
A. As to the misapprehension of legal principles or the mistake of facts (as to the violation of the Guarantee of Automobile Accident Compensation Act), the Defendant is not a “motor vehicle owner” under Article 46(2)2 of the Guarantee of Automobile Accident Compensation Act, and thus cannot be the subject of the violation of the said Act.
Nevertheless, the judgment of the court below convicting of this part of the facts charged is erroneous in the misapprehension of legal principles as to “owner of an automobile” or by misconception of facts.
B. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.
2. Judgment on misapprehension of legal principles or misconception of facts
A. The summary of the facts charged as to the violation of the Guarantee of Automobile Accident Compensation Act among the facts charged in the instant case is that “No one shall operate a motor vehicle on the road which is not covered by mandatory insurance as provided by the Guarantee of Automobile Accident Compensation Act,” but the Defendant, on April 16, 2019, operated a Madon with no number plate (hereinafter “the instant Madon”) without mandatory insurance at approximately 1 km section from the road located in the B of Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Seoul, around April 16, 2019 to the road near C.”
(b) (1) Determination: A person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than one year or by a fine not exceeding ten million won:
2. In violation of the main sentence of Article 8, the owner of a motor vehicle who has operated a motor vehicle not covered by mandatory insurance is the owner of the motor vehicle. Article 2 subparag. 3 of the same Act provides that the owner of the motor vehicle or the person entitled to use the motor vehicle means the owner of the motor vehicle, who operates the motor vehicle for himself/herself.
Here, “the person who operates a motor vehicle for his own sake” is general,