자동차손해배상보장법위반
The defendant's appeal is dismissed.
The request for adjudication on the constitutionality of the instant case shall be dismissed.
1. The police officer did not properly enforce the law at the time of the enforcement of the law as to the summary of the grounds for appeal.
In addition, it is unreasonable to punish the defendant who has been controlled by one signal violation by applying the Guarantee of Automobile Compensation for the reason that he has not mandatory insurance.
2. The facts charged in the instant case are that the Defendant operated Baba without mandatory insurance, and even after examining the evidence and materials revealed in the records and pleadings, it cannot be deemed unfair to the extent that the performance of duties by the police officer during the process of regulating the Defendant, would hinder the finding of the Defendant guilty of the facts charged in the instant case, and even if the police officer controlled the Defendant by signal violation at the beginning, it cannot be deemed unfair to confirm that the Defendant was not mandatory insurance, and to punish the Defendant by applying the Guarantee of Automobile Compensation Compensation Act.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.
Judgment on the application for a petition for adjudication on constitutionality
1. Under the summary of the application, Article 50(2)2 of the Guarantee of Automobile Damage Compensation Act (hereinafter “Act on the Loss of Motor Vehicles”) violates the constitutional principles, such as criminal statutory principles, the principle of clarity, and the principle of prohibition of excessive legislation.
(2) Any 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. "Offense" in this Chapter means any violation falling under the crime provided for in Article 46 (2) (excluding cases where any traffic accident occurs while driving a motor vehicle not covered by mandatory insurance), and the detailed scope thereof shall be prescribed by Presidential Decree;
(2) The term "offender" in this Chapter means an offender.