자동차관리법위반
The judgment of the court below is reversed.
A defendant shall be punished by a fine of 500,000 won.
The above fine shall not be paid by the defendant.
1. According to the evidence submitted by the prosecutor (misunderstanding of facts and misapprehension of legal principles), the court below which acquitted the defendant on the ground that the defendant is not a motor vehicle owner in the form of a motor vehicle, is erroneous in the misapprehension of facts and the misapprehension of legal principles.
2. Determination
A. The Defendant is the owner of a passenger car BM520.
When intending to modify matters prescribed by Ordinance of the Ministry of Oceans and Fisheries among the structural devices of a motor vehicle, the owner of the relevant motor vehicle shall obtain approval from the head of the
Nevertheless, on February 2015, the Defendant: (a) installed LED electronic sign board (50cm wide, 20cm high, 50cm thickness) on the upper part of the crime part of the said car without obtaining approval from the competent authority; and (b) changed the structure of the vehicle.
B. The lower court determined as follows: (a) the owner of an automobile is required to be entered in the automobile registration ledger (Article 7(6) of the Automobile Management Act); and (b) the acquisition and loss of the ownership of an automobile has the effect of registering the acquisition and loss of the ownership of the automobile (Article 6 of the Automobile Management Act); and (c)
Even if a person entered as an owner in the vehicle registration ledger is an automobile owner, according to the record, the said vehicle is registered as an owner who is not the defendant (see, e.g., evidence record 8, 12). Thus, the defendant cannot be viewed as an owner, and the defendant processed as to whether D, the owner of the said vehicle, was the owner of the said vehicle due to comprehensive succession, such as inheritance, and whether D, the owner of the said vehicle, was the owner of the said vehicle.
Since there is no evidence to determine the person, the instant facts charged constitute a case where there is no proof of crime and thus, acquitted.
(c)
(1) However, the judgment of the court below is not acceptable in the following respect.
2) Article 34 of the Automobile Management Act (hereinafter “Act”) shall apply.