The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. The Defendant is a holder of a two-wheeled vehicle without reporting the use of the facts charged in the instant case.

On April 19, 2008, the Defendant operated 100 c two c two wheelers, which they own on the front of the Gangnam-gu Seoul, Gangnam-gu, Seoul (Seoul), on the road of the 713-2 Jinari Kinc apartment, on April 19, 2008, without mandatory insurance.

2. Determination

A. The former Guarantee of Automobile Accident Compensation Act was wholly amended by Act No. 9065 on March 28, 2008, and the same year

9. Article 38(2) of the Act provides, “A motor vehicle owner who operated a motor vehicle not covered by mandatory insurance in violation of the main sentence of Article 7 shall be punished by imprisonment with prison labor for not more than one year or by a fine not exceeding five million won.” Article 2 Subparag. 3 provides, “A motor vehicle owner means the owner of the motor vehicle or a person who has the right to use the motor vehicle and who operates the motor vehicle for himself/herself.” Article 2 Subparag. 4 of the Act provides, “A driver means a person who is engaged in assisting in driving or assisting in driving of the motor vehicle for another person.” In addition, “a person who has the right to use the motor vehicle” under Article 2 Subparag. 3 of the Act provides, “a person who has the right to use the motor vehicle” includes both a person who has the right to use the motor vehicle, such as lease, loan for use, or for his/her own interest (see, e.g., Supreme Court Decision 2004Do1018, Apr. 23, 2004).

Ultimately, in light of the above legal provisions and interpretation, a motor vehicle owner who is obligated to buy mandatory insurance is limited to a person who operates a motor vehicle on his/her own behalf, and a person who is employed by a motor vehicle owner, etc. and is engaged in driving a motor vehicle on his/her behalf, except in extenuating circumstances.