beta
Text
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. Summary of the facts charged
A. On September 29, 2012, the Defendant violated the Automobile Management Act operated CMF5 automobiles (hereinafter “instant automobiles”) on the street in front of the Cheongwon-dong and SM5 street, which was revoked on September 16, 2009, around September 22, 2012.
B. On September 29, 2012, the Defendant violated the Guarantee of Automobile Accident Compensation Act, as the owner of the instant automobile, operated the instant automobile, which was not covered by mandatory insurance on the street front of the Cheongsong-dong, Young-si.
2. Determination
(a) A violation of Article 80 subparagraph 1 of the Automobile Management Act shall be established in the case of driving an automobile with knowledge that it is not registered in the register of automobiles;
In addition, Article 46 (2) of the Guarantee of Automobile Accident Compensation Act provides that "the owner of an automobile is "the owner of the automobile" and "the owner of an automobile" in Article 2 (3) of the same Act provides that "the owner of the automobile or the person who has the right to use the automobile for himself/herself" shall be "the owner of the automobile or the person who has the right to use the automobile" and the "the person who has the right to use the automobile" shall be construed as including all the persons who have the right to use the automobile for himself/herself, so it cannot be interpreted by limiting the subject of the violation of Article 46 (2) of the same Act to the registered owner of the automobile. However, in order to recognize the violation of Article 46 (2) of the same Act, the owner of the automobile shall be aware that the automobile is not covered by mandatory insurance.
(See Supreme Court Decision 2004Do1018 Decided April 23, 2004. Furthermore, the term “person who operates an automobile on his/her own behalf” refers to a person who is in the position of a responsible subject to responsibility by controlling the operation of an automobile in a general and abstract manner and enjoying the benefit therefrom. Thus, the owner of an automobile is in a close personal relationship, such as his/her relative.