(영문) 창원지방법원 2021.02.04 2020노2187 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2021.02.04 2020노2187

절도등

Text

The appeal by the defendant and the prosecutor shall be dismissed, respectively.

Reasons

1. Summary of grounds for appeal;

A. The lower court erred by misapprehending the legal doctrine as to the charge of violating the Guarantee of Automobile Compensation Act, on the ground that the person who stolen a motor vehicle constitutes “motor vehicle owner” who is the subject of the crime of violating Article 46(2)2 of the Guarantee of Automobile Compensation Act, and thereby acquitted the Defendant of the charges of violating the Guarantee of Automobile Compensation Act.

B. Each appeal was filed with the purport that the Defendant was too unreasonable for the punishment sentenced by the lower court (one year and two months of imprisonment, and a fine of KRW 300,000), and that the prosecutor was too unfluent and unfair for the prosecutor.

2. Determination of the Prosecutor’s misunderstanding of the legal principles

A. The relevant provisions of the Guarantee of Automobile Damage Compensation concerning this part of the facts charged are as follows.

(2) A person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than one year or by a fine not exceeding ten million won:

2. No motor vehicle which operates a motor vehicle not covered by mandatory insurance, in violation of the main sentence of Article 8, but is not covered by mandatory insurance provided by Article 8, shall be operated on a road;

Provided, That motor vehicles prescribed by Presidential Decree pursuant to Article 5 (4) may be operated.

Article 2 (Definitions) The definitions of terms used in this Act shall be as follows:

3. The term "motor vehicle holder" means an owner of a motor vehicle or a person entitled to the use of a motor vehicle, who operates the motor vehicle for himself/herself;

B. 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.” Article 2 subparag. 3 of the said Act provides that “The owner of an automobile” means the owner of an automobile or a person who has the right to use an automobile for himself/herself.

“Use of a motor vehicle.”

유사 판례

-서울서부지방법원 2017.11.30 2017고정807

-대법원 2018.04.26 2018도2567

-인천지방법원 2018.01.17 2017노1942

-창원지방법원 2018.08.09 2018노48

-수원지방법원 2018.02.06 2017노6295