logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2016.10.07 2016고정672
자동차손해배상보장법위반
Text

The defendant shall be innocent.

Reasons

1. The Defendant is the owner of B 2.2 tons of B2. The Defendant is the owner of B 7 tons of B2.

No motor vehicle which is not covered by mandatory insurance as prescribed by the Guarantee of Automobile Accident Compensation Act shall be operated on a road.

Nevertheless, on February 22, 2016, the Defendant operated the above-mentioned vehicle on the road, which was not covered by mandatory insurance, at the front of the Pyeongtaek-dong model lower village, which was located in 37 at Sejong-si, Sejong-si, 16:00.

2. Article 5(1) of the Guarantee of Automobile Accident Compensation Act (hereinafter “Guarantee Act”) imposes on the owner of a motor vehicle liability insurance, etc. liability insurance, etc.

However, Article 2 subparag. 1 of the Act defines “motor vehicles” as “motor vehicles subject to the Motor Vehicle Management Act and construction machinery subject to the Construction Machinery Management Act, which are prescribed by Presidential Decree,” and Article 2 subparag. 1 through 6 of the Enforcement Decree of the said Act provides for “dump trucks, string machine, concrete mixtures trucks, truck mounted-type concrete pumps, truck mounted-type asphalt spraying machine, typ-type spraying machine, and typ-type cutting pool among special construction machinery pursuant to subparagraph 26 of attached Table 1 of the Enforcement Decree of the Construction Machinery Management Act,” respectively. Article 2 subparag. 1 through 6 of the said Act provides for “motor vehicles, road repair trucks, and surface measuring equipment (referring to self-stocks with a street measuring device).”

Meanwhile, Article 2 of the Construction Machinery Management Act provides that "the term "construction machinery" means machinery that can be used for construction works and that is prescribed by Presidential Decree," Article 2 of the Enforcement Decree of the same Act provides that "the scope of construction machinery" is set out in attached Table 1. The attached Table 1 provides that "dump trucks" shall be set out in subparagraph 6, subparagraph 7 shall be "cump trucks (including dump trucks, sump trucks, but excluding track type)", subparagraph 14 shall be "specific mixing trucks", and subparagraph 15 shall be " concrete pumps mobile type."

arrow