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(영문) 춘천지방법원 강릉지원 2018.02.22 2017노593
자동차손해배상보장법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant, without knowing that the maturity of the insurance contract for the vehicle stated in the facts charged (hereinafter “instant vehicle”) has expired, operated the said vehicle.

Therefore, the defendant has no intention to do so.

B. The lower court erred by misapprehending the legal doctrine merely imposed a fine for negligence when operating a vehicle that did not purchase mandatory insurance, and did not know whether the case constitutes a criminal prosecution issue.

(c)

The punishment of the court below (the amount of 500,000 won) which is unfair in sentencing is too unreasonable.

2. Determination

A. As to the assertion of mistake, the owner of a motor vehicle refers to “the owner of the motor vehicle or the person entitled to use the motor vehicle, who operates the motor vehicle for himself/herself” (Article 2 subparag. 3 of the Guarantee of Automobile Damage Compensation), and the owner of the motor vehicle himself/herself shall buy mandatory insurance (Article 5 subparag. 1 of the Guarantee of Automobile Damage Compensation), and shall not operate the motor vehicle on the road which is not covered by mandatory insurance (main sentence of Article 8 of the said Act). According to the evidence duly adopted and examined by the court below, the defendant can be recognized as the owner of the motor vehicle in this case as the owner of the motor vehicle in this case, and

In order for the Defendant, the owner of the instant vehicle, to operate the instant vehicle for himself, he/she should have verified whether the mandatory insurance period has expired, and shall not operate the vehicle without verifying it.

However, as long as the defendant has operated the instant vehicle without such confirmation, the defendant's willful negligence is recognized.

B. As to the assertion of misunderstanding of legal principles, Article 16 of the Criminal Act provides that “an act of misunderstanding that one’s act was not a crime under the law shall not be punishable only when there is a reasonable ground for misunderstanding.” The site of the law is simple.

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