자동차손해배상보장법위반
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is that the Defendant, as the representative of a legal entity holding B Cost Star Vehicles (hereinafter “instant vehicle”) at the time of the original adjudication, delegated the entire management and operation of the said vehicle to C, who is a management employee at the time. Although the Defendant cannot be the subject of violating the Automobile Management Act, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
2. Article 46(2) of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 11369, Feb. 22, 2012) provides that a motor vehicle owner who operated a motor vehicle not covered by mandatory insurance in violation of the main sentence of Article 8 shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding five million won, thereby limiting the punishment subject to the said provision to “motor vehicle owner.”
Meanwhile, Article 2 subparag. 3 of the same Act defines “owner of a motor vehicle” as “the owner of a motor vehicle or a person entitled to use the motor vehicle for himself/herself,” and defines “the owner of a motor vehicle as “the owner of a motor vehicle or a person entitled to use the motor vehicle for himself/herself, who is entitled to use the motor vehicle for lease, loan for use, or for other himself/herself (see, e.g., Supreme Court Decision 2004Do1018, Apr. 23, 2004).” Article 2 subparag. 4 of the same Act defines “the owner of a motor vehicle” as “the owner of a motor vehicle who is entitled to use the motor vehicle for another person or who is entitled to use the motor vehicle for his/her own interest” as “the owner of a motor vehicle,” but is distinguishable from “the owner of
In light of the above legal provisions and interpretation, a motor vehicle owner who is obligated to buy mandatory insurance is a person who operates a motor vehicle on his/her own behalf.