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(영문) 의정부지방법원 고양지원 2013.08.30 2013고단1015
자동차손해배상보장법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

The Defendant is the owner of Crast vehicle, and the vehicle that was not covered by mandatory insurance is unable to operate on the road, notwithstanding the fact that the Defendant operated the said vehicle under the condition that the Defendant was not covered by mandatory insurance, such as operating the said vehicle in the vicinity of the outer cycle Highway 61 km (board intersection direction) around April 16, 2008, when he was not covered by mandatory insurance, as shown in the attached list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the police interrogation of the accused;

1. The written opinion, Article 46(2) of the Guarantee of Automobile Accident Compensation Act provides that "the owner of a motor vehicle who operates the motor vehicle not covered by mandatory insurance" shall be punished, and "the owner of the motor vehicle" means the owner of the motor vehicle or the person entitled to the use of the motor vehicle, who is "the person who operates the motor vehicle for his/her own sake". In this context, "the person who operates the motor vehicle for his/her own own sake" refers to the person who is in the position of the responsible subject to the responsibility by generally and abstractly controlling the operation of the motor vehicle and to the benefit of the vehicle. Thus, even if the owner of the motor vehicle rents the motor vehicle without compensation to the person who is in a close human relationship, such as his/her friendship, barring special circumstances, it cannot be deemed "the person who operates the motor vehicle for his/her own sake" as provided in the above Article 46(2) of the Automobile Accident Compensation Act (see, e.g., Supreme Court Decision 91Da3918, May 10, 1998).

The application of legislation;

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