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(영문) 청주지방법원 2018.10.10 2017고정867
자동차손해배상보장법위반
Text

The defendant shall be innocent.

Reasons

1. The Defendant, as the actual owner of B New Zealand bus, is the owner of the above vehicle.

No owner of any motor vehicle shall operate any motor vehicle on a road which is not covered by mandatory insurance.

Nevertheless, the defendant, on September 21, 2017, driven the above bus around 08:20 on September 21, 2017, caused C to drive the above bus without mandatory insurance by allowing C to drive the two-lane road in front of the petition area D from E high school to F apartment room.

2. Article 46(2)2 of the Guarantee of Automobile Compensation Act provides that “The owner of an automobile who operates an automobile 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 10 million won,” thereby limiting the subject of the crime of violating the said provision to the owner of the automobile. Article 2 subparag. 3 of the said Act provides that “The owner of the automobile shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won.”

First of all, as G is registered as the owner of the bus of this case, the Defendant is not the owner of the bus of this case, and the Defendant is recognized by the record: ① the Defendant agreed to take over all of the buses owned by G including the bus of this case, but since March 2017 due to the dispute with H, the G representative, he had the bus of this case and the keys, and filed a civil lawsuit (such as a claim for the return of 200990 down payment, etc.) against B and B ( therefore, G appears to have kept and managed the keys of the bus of this case since March 2017), ② in this court, the witness I provided four buses including the bus of this case as the school bus of the J elementary school (the results of inquiry about the principal of the J school of this case).

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