A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant is a holder of C-port vehicle.

No person shall operate any motor vehicle other than those as prescribed by the Presidential Decree, on a road which is not covered by mandatory insurance.

Nevertheless, at around 18:20 on August 5, 201, the Defendant operated the said vehicle which was not covered by mandatory insurance on the national highways No. 59 prior to the National Highway of Gangwon-do Pyeong-gun.

Summary of Evidence

1. Partial statement of the defendant;

1. D's legal statement;

1. Inquiry into matters of a medical insurance contract;

1. Case of motor vehicle register;

1. Judgment on the defendant and his defense counsel's assertion about the facts of traffic offenses

1. The Defendant alleged that the instant vehicle was used to the convict D without compensation, and thus, is not a motor vehicle owner under the Guarantee of Automobile Accident Compensation Act.

2. Determination

A. The subject of the crime of violating Article 46(2) of the Guarantee of Automobile Accident Compensation Act is an owner of an automobile, and the term “owner of an automobile” under Article 2 subparag. 3 of the same Act means the owner of an automobile or a person entitled to use an automobile for himself/herself.

Furthermore, "the person who operates an automobile for his own sake" refers to the person who can be deemed to be in the position of the responsible subject to the control of the operation of the automobile in question and to the benefit of the operation. In this case, the control of the operation is not limited to the actual control, but to the case that there is a possibility of indirect control or control.

(See Supreme Court Decision 98Da57501 delivered on May 14, 199, and Supreme Court Decision 2002Da47181 delivered on November 26, 2002, etc.). In addition, even in a case where an owner of a motor vehicle has leased a motor vehicle to a person who is closely in a human relationship, such as his/her relative, without compensation, barring any special circumstance, the operation control or the operation profit for the motor vehicle still exists to the owner of the vehicle.

Supreme Court Decision 91Da3918 delivered on May 10, 1991, etc.