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(영문) 서울서부지방법원 2015.02.04 2014고정2140
자동차손해배상보장법위반
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The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On September 14, 2009, the Defendant is a holder of Cknife car, and operated the said car without mandatory insurance on the roads corresponding to the Hannam Elementary School of Yongsan-gu Seoul Metropolitan Government 726-1, Yongsan-gu, Yongsan-gu.

Summary of Evidence

1. Partial statement of the defendant;

1. Witness D's testimony;

1. Compulsory insurance contract;

1. Automobile register;

1. Application of Acts and subordinate statutes to inquiries about non-insurance operating vehicles;

1. Relevant legal provisions concerning facts constituting an offense and Articles 46 (2) and 8 of the former Guarantee of Automobile Accident Compensation Act (wholly amended by Act No. 11369, Feb. 22, 2012; hereinafter the same shall apply);

1. Article 59 (1) of the Criminal Act (the fact that there are any circumstances that may be taken into account the circumstances leading to the crime);

(a) Punishment to be suspended: Fines of 500,000 won;

B. Attraction of a workhouse: Determination on the defendant's assertion of Articles 70 (1) and 69 (2) (100,000 won per day) of the Criminal Act

1. The defendant asserts that he is not responsible for driving the above vehicle on the day of the case and driving D for personal purposes.

2. The Guarantee of Automobile Accident Compensation Act provides that the term "motor vehicle owner" who operates a motor vehicle which is not covered by mandatory insurance shall be punished (Article 46 (2) 2), and the term "motor vehicle owner" means the owner or the holder of the right to use the motor vehicle, who operates the motor vehicle for himself/herself. Thus, the owner or the holder of the motor vehicle shall be presumed to be in an ordinary position. Thus, even if the specific operation is not based on the owner's intent, unless there are special circumstances to deem that the owner's control of operation and the profits from operation have been completely lost (see, e.g., Supreme Court Decision 90Meu3062, Apr. 25, 1990). Under Article 46 (2) of the former Guarantee of Automobile Accident Compensation Act, the owner shall be liable as an operator under the provisions of the main sentence of Article 8 of the same Act.

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