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(영문) 수원지방법원 2015.06.12 2014노411
자동차손해배상보장법위반
Text

The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

Reasons

Summary of Grounds for Appeal

According to the evidence submitted by the prosecutor, although the defendant could recognize the fact that he operated the motor vehicle of this case without mandatory insurance as stated in the facts charged, the judgment of the court below which acquitted the defendant is erroneous in mistake.

The defendant is the owner of Lone Star Motor Vehicle, and is not obliged to subscribe to mandatory insurance, he/she shall not operate a motor vehicle on the road.

Nevertheless, at around 18:53 on December 10, 2008, the Defendant operated the foregoing vehicle, which was not covered by mandatory insurance, at the entrance of the Jin-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si, and operated the said vehicle from that time until February 10, 2011

The lower court found the Defendant not guilty on the grounds that it is difficult to view that the facts charged that the Defendant operated the instant vehicle over 198 times are proven without any reasonable doubt, on the grounds that there exist the following circumstances in the instant case: (a) D, who is not the Defendant, was the owner or operator of the instant vehicle; and (b) it is difficult to deem that the Defendant was not guilty.

1) According to the crime sight list, the defendant-friendly appearance D held the instant automobile as a collateral and stated that it was not the fact that it was lent to the defendant. 2) The principal place where the instant automobile was operated is safe and tent. The defendant did not have been transferred at the time when the crime sight list was entered. However, D transferred the instant automobile to the new Dong-dong, Dong-gu, Dong-gu, dong-dong on December 24, 2009 and appears to have resided at the time of the movement into Ansan-si on May 27, 2010. 3) The instant automobile was operated several times at the time of the on-site during the above period when D was residing in Ansan-si (crime sight list No. 148, 150, 150, 151, 161, 163, 172), and 4).

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