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(영문) 수원지방법원 안양지원 2018.11.14 2017고단2236
도로교통법위반(무면허운전)
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Defendant shall be punished by a fine of one million won.

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

Reasons

Punishment of the crime

The defendant is a holder of B AA car.

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

Nevertheless, the Defendant had the joint Defendant C, before separation, drive the B-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-S

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of suspect C by the police;

1. Report on the circumstances of driving without a license;

1. Mandatory insurance inquiry and the following inquiry [Article 46(2)2 of the Guarantee of Automobile Compensation Act provides that “The owner of an automobile who operates an automobile not covered by mandatory insurance in violation of the main sentence of Article 8 shall be punished by imprisonment with prison labor for not more than one year or by a fine not exceeding 10 million won,” and thus, the subject of the crime of violation of the above provision is the owner of the automobile. Meanwhile, Article 2 subparag. 3 of the said Act defines the owner of the automobile as “the owner of the automobile or the person entitled to use the automobile, who operates the automobile for himself/herself.”

In light of the above legal principles, if the evidence duly adopted and examined by the court is determined in light of the above legal principles, F is registered as the owner of the instant vehicle, and the Defendant, as the representative director of F, who is a corporation F, actually owns and manages the instant vehicle registered in the name of the said corporation, the Defendant is deemed the owner of the instant vehicle.

Application of Statutes

1. Relevant Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Compensation for Damages Caused by Motor Vehicles Act and selection of fines concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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