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(영문) 수원지방법원 평택지원 2019.02.14 2018고정249
자동차손해배상보장법위반
Text

The defendant shall be innocent.

Reasons

No person who has failed to carry a mandatory insurance policy shall operate any motor vehicle on a road.

Nevertheless, on August 17, 2017, the Defendant started from a non-permanent place on August 17, 2017 and operated a C-car which is not mandatory insurance to the front roads of Pyeongtaek-si in Gyeonggi-do.

Judgment

D, the owner of the above automobile, stated in the investigative agency that he was aware of the fact that the above automobile was covered by mandatory insurance, and the Defendant also stated to the effect that the above automobile was covered by mandatory insurance.

Only the evidence submitted by the prosecutor alone rejected the above circumstances, and it cannot be recognized without any reasonable doubt that the defendant knowingly operated the motor vehicle with knowledge that the motor vehicle was not covered by mandatory insurance.

Therefore, the facts charged in this case constitute the absence of proof of crime, and thus, is acquitted under the latter part of Article 325 of the Criminal Procedure Act.

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