(영문) 청주지방법원 2021.01.22 2020노18 | 리걸엔진

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(영문) 청주지방법원 2021.01.22 2020노18

자동차손해배상보장법위반

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 500,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) is as follows: (a) the Defendant, at the time of committing the instant crime, assigned the instant vehicle (B) to the creditor as security, and operated the instant vehicle by the creditor.

One of the arguments is not submitted.

According to the evidence submitted by the prosecutor, the court below found the defendant not guilty on the ground that the defendant operated the instant vehicle without mandatory insurance as stated in the facts charged.

2. Determination

(a) No person who is a summary of the facts charged shall operate any motor vehicle, etc. which is not covered by mandatory insurance for motor vehicles on the road;

On May 29, 2014, the Defendant, as a owner of Cubs, operated the said vehicle without purchasing a mandatory motor vehicle insurance policy in the presence of C in Cheongju-gu, Chungcheongnam-gu.

B. The lower court determined that the evidence submitted by the prosecution alone operated Cub cars B at the date and time indicated in the facts charged in the judgment by the Defendant.

Not guilty was pronounced on the ground that it is insufficient to view it and there is no other evidence to acknowledge it.

(c)

Article 46(2)2 of the Guarantee of Automobile Compensation Act provides that the term "motor vehicle owner" is punished for "motor vehicle owner" who operates a motor vehicle which is not covered by mandatory insurance (Article 46(2) of the Guarantee of Automobile Compensation Act); and "motor vehicle owner" means the owner of the motor vehicle or a person entitled to use the motor vehicle, who operates the motor vehicle for his/her own sake (Article 2 Subparag. 3). In addition, "the person who operates the motor vehicle for his/her own sake" means the person who controls the operation of the motor vehicle and is in a position as a responsible owner to enjoy his/her benefit therefrom. Meanwhile, the owner or the holder of the motor vehicle is confirmed to be in a normal position. Therefore, even if the owner or the holder of the motor vehicle does not intend to use the motor vehicle, the owner's control of the operation and the profits

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