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(영문) 서울북부지방법원 2015.04.09 2014고정2188
자동차손해배상보장법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 10, 2009, the Defendant, as a holder of C observer car, operated C observer car not covered by mandatory insurance at the point of 22.4 km from the 22.4 km away from 10m in the direction of the pen located on the bend of the bnd of Seosan, Seonam-dong.

Summary of Evidence

1. Partial statement of the defendant;

1. The Defendant and the defense counsel, as to the assertion of the Defendant and the defense counsel regarding the non-insurance Running car driving force inquiry, the mandatory insurance contract history inquiry, the register of automobiles, the wireless vehicle management vehicle management, and the Defendant and the defense counsel claimed that D, the owner of the instant vehicle, was aware of the mandatory insurance, and the actual driver at the time of detection, was E, and thus, the Defendant did not support the liability for

The Guarantee of Automobile Accident Compensation Act prohibits the operation of an automobile which is not covered by mandatory insurance on the road (the main sentence of Article 8 of the Act), and punishs a motor vehicle owner who operates an automobile which is not covered by mandatory insurance in violation of this Act.

(Article 46(2)2 of the Act. The term "owner of a motor vehicle" refers to the owner of a motor vehicle or a person entitled to the use of a motor vehicle, who operates a motor vehicle for his/her own sake (Article 2 subparag. 3 of the Act). According to the following circumstances acknowledged by the evidence duly adopted and investigated by the court, it is reasonable to deem that the defendant, as the owner of the motor vehicle of this case, had an intention to operate a motor vehicle which is not covered by mandatory insurance, by explicitly aware of the fact that the motor vehicle of this case was not covered by mandatory insurance, or by neglecting to ascertain whether it was covered by mandatory insurance.

① Around 2003, D transferred the Defendant to use the instant vehicle, and the Defendant was exposed at the time of detection.

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