자동차관리법위반
The defendant shall be innocent.
1. The Defendant is the owner of CNF passenger cars.
No owner or possessor of an automobile may leave an automobile alone on the road continuously.
Nevertheless, from October 12, 2010 to December 6 of the same year, the Defendant continued to leave the said vehicle in front of the Gu Do Do Do Do Do Do Do Do Do, in front of it.
2. Determination
A. Article 26(1)2 of the Motor Vehicle Management Act provides that “a person who continues to leave a motor vehicle on the road” refers to a case where the management of the relevant motor vehicle is deemed to have been de facto renounced by leaving the motor vehicle on the road continuously without any special management act (see Supreme Court Decision 2010Do1656, Mar. 25, 2010).
In this case, according to the evidence duly adopted and investigated by the court, the following circumstances are revealed.
① The Defendant asserted to the effect that the number plate was kept in custody on a relatively consistent basis from the date of inspection to the court due to tax in arrears, and that the instant vehicle was unable to operate, and that it was not left alone on the road.
② The place where the instant motor vehicle was parked was parked on a back-road 120 meters away from the Defendant’s residence, and it appears that it was a place where anyone can park without restriction.
③ On October 12, 2010, the number plate of the instant vehicle was kept in custody due to tax arrears, etc., and a report, on December 5, 2010, which had been known two months thereafter, was made and a notice was attached, and the towing on December 6, 2010, which was the next day.
The Defendant’s assertion that the Defendant was scheduled to operate the instant vehicle after preparing a tax amount and paying the tax amount, and that it was difficult to readily conclude that the Defendant’s assertion was false because two months have not yet elapsed since the provisional holding of the number plate was to be towed.
(4)