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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (the factual error) generally uses another person's motor vehicle, etc., it is necessary to verify whether the Defendant was insured, etc., and the Defendant temporarily lent and used B CT 100 Orala (hereinafter "the instant Oralab") and was unaware of the fact that the Defendant was not insured, but the Defendant used the instant Oralab in return for his own expense, and the Defendant appears to have operated his paper from B from 2017. In light of the fact that the instant Oralab was not insured, the Defendant is recognized as willful negligence on the fact that the instant Oralab was not insured.
Nevertheless, the lower court rendered a not-guilty verdict on the premise that the Defendant did not have any negligence as above. In so doing, the lower court erred by misapprehending the legal doctrine and adversely affecting the conclusion of the judgment.
2. On August 1, 2018, at around 16:15, the Defendant driven the instant Obaba in a section of about 6 km from the front of H located in Kimcheon-si G to the two-lane roads in Kimcheon-si, Kimcheon-si, the Defendant was driving the instant Obaba, which was not covered by the mandatory motor vehicle insurance.
3. Determination
A. Article 46(2)2 of the Guarantee of Automobile Accident Compensation Act provides that "the owner of an automobile" is "the owner of an automobile," and Article 2(3) of the same Act provides that "the owner of an automobile or a person entitled to use an automobile, who operates an automobile for himself/herself."
The term "person who operates a motor vehicle for his own sake" refers to a person who is in the position of the responsible body to control the operation of the motor vehicle and to enjoy the benefit therefrom, so even if the owner of the motor vehicle gratuitously lends the motor vehicle to a person who is closely in a human relationship such as his/her relative, barring special circumstances, he/she is still in the owner of the motor vehicle, and the person who borrows the motor vehicle.