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(영문) 춘천지방법원 강릉지원 2018.04.26 2017고정147
자동차손해배상보장법위반
Text

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

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

Reasons

Punishment of the crime

No person shall operate a motor vehicle which is not covered by mandatory insurance, and Csch Rexroth motor vehicle owned by the defendant is not covered by mandatory insurance.

Nevertheless, on October 21, 2012, the Defendant operated the said car that was not covered by each mandatory insurance on the front side of the entrance of the Gyeongcheon-si, Kimcheon-si, Gyeongcheon-si, the 18:35 on the same day from the point of 7.4km to the 18:35 on the same day, and from the point of 18:35 on October 21, 2012, from the point of 77.4km to the front side of the Gyeongcheon-si, the 14:41 on December 20, 2012.

Summary of Evidence

1. Partial statement of the witness D;

1. A protocol concerning the examination of the police officers of the accused;

1. Inquiry into non-insurance operations vehicles;

1. Inquiry into mandatory insurance contracts;

1. Application of the Acts and subordinate statutes to inquire into details of traffic regulations violations;

1. Relevant legal provisions concerning facts constituting an offense, and Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Compensation for Damages of Motor Vehicles which are selected, respectively;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument was not known by the Defendant at the time of the instant crime, and did not know that the Defendant was not operating a Bosch Rexroth car at the time of the instant crime.

2. The subject of the crime of violation of Article 46(2)2 of the Guarantee of Automobile Compensation Act is the owner of an automobile, and Article 2 subparag. 3 of the Act provides that “the owner of an automobile” refers to the owner of an automobile or a person entitled to use an automobile, who operates an automobile for himself/herself. Here, “the person who operates an automobile for himself/herself” refers to the person who is in the position of the subject of the responsibility to control the operation of an automobile and to enjoy the benefit therefrom by abstractly and abstractly (see Supreme Court Decision 91Da3918 delivered on May 10, 191, etc.). This Court has duly adopted it.

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