Although the Defendant is prohibited from operating a motor vehicle not covered by mandatory insurance on the road, he/she operated the motor vehicle on the road that was not covered by mandatory insurance on October 18, 2016, 18, 2016, from that time, to February 17, 2017, as shown in the list of crimes in attached Table 18 times, from that time, he/she operated the motor vehicle on the road.

2. Determination

A. Article 46(2)2 of the Guarantee of Automobile Compensation Act 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.

Therefore, Article 2 subparag. 3 of the Guarantee of Automobile Compensation Act provides that "the owner of a motor vehicle or a person entitled to use the motor vehicle for himself/herself refers to a person who operates the motor vehicle for himself/herself." The term "the person who operates the motor vehicle for his/her own sake" refers to a person in the position of a responsible subject to the control of the operation of the motor vehicle abstractly and to enjoy the benefit therefrom. Therefore, even in cases where the owner of the motor vehicle rents the motor vehicle to a person who is closely related to his/her relative, such as his/her relative, without compensation, barring special circumstances, he/she still is the owner of the motor vehicle, and it cannot be deemed "the person who operates the motor vehicle for his/her own sake" under the above provision of the Act (see Supreme Court Decision 91Da3918 delivered on May 10, 191).