자동차손해배상보장법위반
The defendant's appeal is dismissed.
1. Summary of the grounds for appeal 1) misunderstanding of the facts and misapprehension of the legal doctrine, the Defendant, at the time of committing the instant crime, cannot be punished on the ground that he did not purchase a mandatory insurance policy.
2) The sentence of the lower court that was unfair in sentencing (an amount of KRW 500,00) is too unreasonable.
2. According to the record of the instant case’s assertion of misunderstanding of the facts and misapprehension of the legal doctrine, the Defendant can be found to have subscribed to the same part of the fire insurance company from June 22, 2016 to June 22, 2036 as “ driver insurance Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. (hereinafter “ driver insurance”).
However, in full view of the following circumstances acknowledged by the court below and the evidence duly admitted and investigated by the court below, the defendant subscribed to the driver insurance.
Therefore, it cannot be deemed that a mandatory insurance policy for the instant automobile is purchased.
(1) The purpose of Article 1 of the Guarantee of Compensation for Motor Vehicles Act is to establish a system for guaranteeing compensation for damage in the event that a person is dead, injured, or property is destroyed or damaged due to the operation of motor vehicles, thereby protecting the victims and promoting the sound development of motor vehicle transport by preventing social loss caused by motor vehicle accidents.
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In addition, Article 5 (1) and (2) of the Guarantee of Automobile Compensation Act provides that the owner of an automobile shall be liable to pay the amount under Article 3 of the Enforcement Decree of the Guarantee of Automobile Compensation Act to the victim in the event that another person is dead or injured due to the operation of the automobile, or another person's property is destroyed or damaged.
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In light of the above provisions, the term "mandatory insurance" under Article 8 of the Guarantee of Automobile Compensation Act means a case where a person dies, is injured, or property is destroyed or damaged due to the operation of a motor vehicle.