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(영문) 의정부지방법원 2020.05.07 2019고정247
자동차손해배상보장법위반
Text

The defendant shall be innocent.

Reasons

1. On May 18, 2018, the Defendant’s summary of the facts charged was sentenced to five years of imprisonment with prison labor by the District Court for the obstruction of performance of official duties, etc., and the judgment became final and conclusive on May 26, 2018.

No person shall operate any motor vehicle which is not covered by mandatory insurance on a road.

Nevertheless, at around 16:53 on April 20, 2014, the Defendant operated a motor vehicle that was not covered by mandatory insurance on the front of the early three-dimensional distance from Maamamamamam-dong (hereinafter “instant motor vehicle”) and operated a motor vehicle that was not covered by mandatory insurance on nine occasions in total, such as the list of crimes in the attached Table, from around that time to May 2, 2015.

2. Determination 1) Article 2 subparag. 3 of the Guarantee of Automobile Accident Compensation Act provides that “the owner of an automobile or a person entitled to use an automobile for himself/herself” refers to a person who is in the position of the person responsible for operating the automobile for his/her own sake by generally and abstractly controlling the operation of the automobile (see, e.g., Supreme Court Decision 91Da3918, May 10, 1991). 2) The following circumstances acknowledged by the records of the instant case, namely, the Defendant is detained in the Daegu Prison from January 12, 2015 to May 11, 2015, and the Defendant cannot be deemed to have directly purchased the instant vehicle from March 1, 2015 to the end of May 2, 2015, and C shall be deemed to have been in the position of the said district court from the end of 16th day of June, 2014 to the end of 206th day of June 16, 2014.

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