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The defendant shall be innocent.
Reasons
1. On July 2019, the Defendant: (a) purchased a C-learning car at a higher rate than the market price through the Defendant; and (b) purchased it at a lower rate than the market price; (c) sold or refunded the car; and (d) sold the car to the Defendant; and (c) the Defendant possessed it while managing it.
No motor vehicle owner shall operate a motor vehicle on the road which is not covered by mandatory insurance.
Nevertheless, around August 11, 2019, around 16:56, the Defendant operated the instant motor vehicle (hereinafter “the instant motor vehicle”) at approximately 232 km section, which was not covered by mandatory insurance, from around 4 km to the roads adjacent to the Annyang-gu Mang-si, Mangyang-si, Mangyang-si, Mangyang-si, to the front road in the same city.
2. The Defendant: (a) operated the instant motor vehicle that was not covered by the mandatory insurance; (b) however, the instant motor vehicle, which was put to a different place, was operated without knowing that it was not covered by the mandatory insurance; and (c) denied the facts charged.
Article 46(2)2 of the Guarantee of Automobile Accident Compensation Act provides that “the owner of a motor vehicle who operates a motor vehicle not covered by mandatory insurance” shall be punished, and Article 2 subparag. 3 of the same Act provides that “the owner of a motor vehicle or a person who is entitled to use a motor vehicle, who operates the motor vehicle for himself/herself.”
However, according to the evidence duly adopted and examined by the court, the instant motor vehicle is owned by Nonparty B, and Party B, knowing that the Defendant purchased the instant motor vehicle from Nonparty E well known that it was lower than the market price, and the Defendant returned it to E or sold it in another place, and only recognized that the Defendant did not permit the instant motor vehicle operation.
According to the above facts of recognition, the defendant is the owner of the instant automatic person.