The defendant shall be innocent.

1. The Defendant in the instant facts charged is C, the holder of the last vehicle.

No motor vehicle which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, on August 17, 2016, the Defendant operated the said vehicle that was not covered by mandatory insurance from the Daegu Northern-dong, Daegu-dong, Daegu-dong, to the large range of zymmetric Dong-dong, Daegu-dong.

2. Determination

A. Article 46 (2) 2 of the Guarantee of Automobile Compensation Act provides that “A person who operates an automobile which is not covered by mandatory insurance in violation of the main sentence of Article 8 shall be punished by imprisonment with prison labor for not more than one year or by a fine not exceeding 10 million won.” Thus, Article 46 (2) 2 of the said Act provides that a person who commits a crime of violating Article 46 (2) 2 of the said Act is "the owner of the automobile." Meanwhile, Article 2 (3) of the said Act provides that "the owner of the automobile or a person who is entitled to the use of the automobile and is operating the automobile for himself/herself" means a person who operates the automobile for himself/herself is in the position of the person in charge of general and abstract operation of the automobile and who is in the position of the person who operates the automobile for himself/herself to benefit therefrom (see Supreme Court Decision 91Da3918, May 10, 191).

(c)

However, the following circumstances, which can be recognized by the evidence duly adopted and investigated by this Court, including the witness D’s legal statement, are the following circumstances, namely, ① the Defendant consistently from the control point of view to this Court to operate an insurance relationship, and the Defendant was not in operation.