자동차관리법위반
The defendant shall be innocent.
1. The summary of the facts charged is that, when the Defendant acquired the D Kan-Pack motor vehicle from the representative director of the C Co., Ltd. located in Gyeonggi-si B around April 2009, the Defendant had to file an application for the transfer of the motor vehicle within 15 days with the competent authority, but did not comply with it until now.
2. Determination
A. The crime of violating Article 81 subparagraph 2 of Article 81 and Article 12 (1) of the Automobile Management Act shall be deemed to be a so-called immediate crime that is completed simultaneously with the failure of the transferee of the registered motor vehicle to file an application for ownership transfer registration within 15 days from the date of purchase of the motor vehicle.
(See Supreme Court Decision 2012Do15057 Decided July 25, 2013). B.
In addition, pursuant to Article 12 (1) of the Automobile Management Act (amended by Act No. 9449 of Feb. 6, 2009), a person who acquires an automobile registered as of February 7, 2010 (hereinafter “Motor Vehicle Management Act”) shall file an application for the registration of transfer of ownership with the Mayor/Do Governor as prescribed by Presidential Decree, and Article 26 subparagraph 1 of the former Automobile Registration Decree (amended by Presidential Decree No. 23232 of Oct. 19, 201) as of February 6, 2009 (amended by Act No. 23232 of Feb. 6, 2009) provides that a person who fails to file an application for the registration of transfer of ownership in violation of Article 12 (1) of the Automobile Management Act and Article 26 subparagraph 2 of the former Automobile Management Act (amended by Presidential Decree No. 23250, Feb. 6, 2009) shall be punished by imprisonment with prison labor for not more than 200 years and fine not exceeding 20 years.5 years.