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(영문) 광주지방법원 2020.09.24 2019노2640
자동차손해배상보장법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The defendant's vehicle driven by the defendant is a motor bicycle with engine displacement of 100cc, and the court below which recognized the defendant as violating the Guarantee of Automobile Accident Compensation Act even though it is not a person subject to mandatory insurance.

2. The Guarantee of Automobile Accident Compensation Act provides that a motor vehicle owner shall be obliged to subscribe to liability insurance and shall not operate a motor vehicle which is not mandatory insurance. Article 2 subparagraph 1 of the Automobile Management Act provides that the term "motor vehicle" means a motor vehicle subject to the Automobile Management Act and a mid-term engine as prescribed by the Presidential Decree among the vehicles subject to the Motor Vehicle Management Act, and Article 2 subparagraph 1 of the Automobile Management Act provides that "motor vehicle" means an instrument manufactured for the purpose of moving on the land by an engine or an instrument manufactured for the purpose of moving on the land by being towed, and Article 3 of the same Act provides that the types of motor vehicles shall be classified into a passenger motor vehicle, a bus, a truck, a special motor vehicle, and a two-wheeled motor vehicle. The classification of the motor vehicles shall be determined by Ordinance of the Ministry of Land, Infrastructure and Transport based on the size, structure, type of motors, a total quantity of engine displacement or power output, and Article 2 of the Enforcement Rule of the same Act provides that a two-wheeled motor vehicle defined as a two-wheeled vehicle.

Therefore, as it constitutes a motor vehicle under the Automobile Damage Track Act, the motor vehicle operated by the defendant, and there is a duty to subscribe to liability insurance, and it should not be operated.

Defendant’s assertion is not accepted.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

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