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(영문) 창원지방법원 마산지원 2016.08.30 2016고정250
자동차관리법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

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

Nevertheless, at around 16:55 on February 23, 2016, the Defendant operated the FK7 car (hereinafter “instant vehicle”) on the front side of the E-road located in Changwon-si, Changwon-si, Changwon-si, Masan (hereinafter “Seoul”) on the road without mandatory insurance.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Report on internal investigation (related to accompanying a person suspected of being suspected and keeping a vehicle number plate in custody);

1. Application of Acts and subordinate statutes to mandatory insurance;

1. Relevant legal provisions concerning facts constituting an offense, and the main sentence of Article 46 (2) and the main sentence of Article 8 of the Guarantee of Compensation for Damages of Motor Vehicles that choose to be punished;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. On October 2015, the Defendant asserted that the instant vehicle was parked as a matter of parking from a person who was under his/her name and injury. As such, the Defendant is not a motor vehicle owner as prescribed in Article 2 subparag. 3 of the Guarantee of Automobile Compensation Act.

Inasmuch as the instant vehicle had been unaware of the fact that it was not covered by mandatory insurance, there was no intention.

2. According to Article 46(2)2 of the Guarantee of Automobile Compensation Act, a person who operates an automobile not covered by mandatory insurance in violation of the main sentence of Article 8 shall be punished by imprisonment for not more than one year or by a fine not exceeding five million won.

Article 46 (2) 2 of the same Act provides that "the owner of a motor vehicle is "the owner of the motor vehicle" and "the owner of the motor vehicle" in Article 2 (2) 3 of the same Act means the owner of the motor vehicle or a person who has the right to use the motor vehicle and operates the motor vehicle on his/her behalf.

"A vehicle" is defined as "a vehicle," and "a vehicle" in Article 2 subparagraph 2 of the same Act shall be used in accordance with its usage, regardless of whether or not a person or article is transported.

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