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(영문) 수원지방법원안산지원 2020.10.29 2020고정517
자동차손해배상보장법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

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

B Vehicle B was operated without mandatory insurance as indicated below, and the Defendant was in the actual holder and operator of the vehicle at the time.

- Table - The summary of the aforementioned evidence, as stated above, as the amamamamb as of May 15, 2017 at the No. 14:16, May 15, 2017, as of May 15, 2017, as of May 10, 2017, near the ambado Maritime Park (Yaju 4, 3.3:54, May 10, 2017; and as of November 14:58, 32016, as of November 12, 2016, Aambado Maritime Park, as of the Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, 42016.

1. Partial statement of the defendant;

1. The register of automobiles, matters of compulsory insurance contract, and details of the operation of noninsurance;

1. Report on the reception of a speech;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Acts concerning facts constituting an offense and the main sentence of Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant asserts that the instant vehicle was owned in the name of a stock company in which he/she had operated, but did not have been driven directly at the time of the ruling, and the customer who visited the business was deemed to have been driven. As such, he/she is not liable for the operation of a non- mandatory insurance.

The term "owner of an automobile" in Article 2 of the Guarantee of Automobile Accident Compensation Act means the owner of an automobile, a person entitled to use an automobile, who operates an automobile for himself/herself (subparagraph 3), and the term "operation" means the use or management of an automobile according to its usage, regardless of whether it carries persons or articles.

(2) Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act provides that the term "operation of an uninsurance vehicle" is "motor vehicle."

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