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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Of the facts charged in the instant case.
Reasons
1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.
2. Ex officio determination
A. Prior to the judgment on the grounds of appeal, we examine ex officio the violation of the Guarantee of Automobile Accident Compensation Act among the facts charged in the instant case. The summary of this part of the facts charged is as follows: “The Defendant, as the holder of the instant cargo vehicle B (hereinafter “instant cargo vehicle”), operated the said cargo vehicle which was not covered by mandatory insurance on the road front of the Dagjin-gu, Young-gu, Young-gu, Gung-gu, Gung-si (hereinafter “instant cargo vehicle”); and the lower court found the Defendant guilty by applying Article 46(2)2 of the Guarantee of Automobile Accident Compensation Act to this part of the facts charged.
B. However, Article 46(2)2 of the Guarantee of Automobile Accident Compensation Act provides that “A motor vehicle owner who operates a motor vehicle not covered by mandatory insurance in violation of the main sentence of Article 8 shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding five million won.” Article 2 subparag. 3 of the same Act provides that a motor vehicle owner shall be punished as a motor vehicle owner. Article 2 subparag. 3 of the same Act provides that “A motor vehicle owner shall be the owner of a motor vehicle or a person who has the right to use a motor vehicle for himself/herself,” as well as a registered owner of a motor vehicle, who has the right to use a motor vehicle for lease, loan for use, or other self-reliance (see, e.g., Supreme Court Decision 2004Do1018, Apr. 23, 2004). However, Article 2 subparag. 4 of the same Act includes the concept of a motor vehicle owner who can be deemed to be in the position of a responsible owner to benefit from the operation of the motor vehicle in question.
C. Ultimately, the above.