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(영문) 부산지방법원 2021.01.21 2020고정1058
자동차손해배상보장법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a scood driver without a license plate.

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

Nevertheless, from around 12:38 on April 20, 2020 to around 12:50 on the same day, the Defendant operated an electric scooters with no number plate from around approximately 3.5 km to the crosswalk in front of the C hospital located in the Dong-dong, Busan, Jung-gu, Busan, to around 3.5 km.

Summary of Evidence

1. Determination as to the defendant and his/her defense counsel's assertion on the mandatory insurance inquiry of the police's report (whether the defendant injured the victim, the previous scooter, and CCTV images) on the defendant's partial statement D

1. The main text of Article 8 of the Guarantee of Automobile Damage Compensation Act, which states that the former scooter of the instant case is not a person subject to mandatory insurance, shall not operate a motor vehicle which is not covered by mandatory insurance on the road.

“A motor vehicle” under Article 2 subparag. 1 of the same Act refers to a motor vehicle subject to the Motor Vehicle Management Act and construction machinery subject to the Construction Machinery Management Act, as prescribed by Presidential Decree.

"........"

Article 2 subparagraph 1 of the Automobile Management Act means an instrument manufactured for the purpose of movement on land by an engine or an instrument manufactured for the purpose of movement on land by being towed.

Provided, That those prescribed by Presidential Decree shall be excluded herefrom.

Article 3(1)5 of the same Act provides that “A two-wheeled motor vehicle and other motor vehicles of a similar structure which are properly manufactured to transport one or two persons, regardless of the size of total engine displacement or rated output” shall be construed as “a two-wheeled motor vehicle.”

According to the evidence mentioned above, the electric scooter of this case was knife with knife, burial and two wheels installed, and 1,500W was driven by the mother and transported one person on land.

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