beta
(영문) 대전지방법원 2018.09.13 2017고단1664

폭행등

Text

The charge of violating the Automobile Management Act is not guilty. Of the facts charged in the instant case, assault is committed.

Reasons

The acquitted part (the violation of the Automobile Management Act)

1. The summary of the facts charged is the person who actually drives C SP motor vehicles in the name of B.

A motor vehicle shall be operated by the motor vehicle user, and the competent administrative agency may, at the request of the motor vehicle owner, order the motor vehicle user to stop the operation of the motor vehicle which is not operated, and shall not operate the motor vehicle in violation of the order

On February 18, 2017, the Defendant operated the said motor vehicle in violation of the order to stop the operation from October 11, 2016 to March 30, 2017, including the operation of the said SP motor vehicle, which was suspended for suspension of operation by the competent authority on October 10, 2016, at the request of the owner of the motor vehicle, from five kilometers to five kilometers from the entry to the tunnel, and from the roads in the same Gu, the direction of the owner of the motor vehicle, at the request of the owner of the motor vehicle.

2. The assertion and judgment

A. The defendant and his defense counsel found that the actual owner of the above vehicle was F with F's consent and the defendant was unaware of the order to suspend the operation of the above vehicle.

DaNN

B. The witness F, as alleged by the Defendant, lent the name of G in the instant court, as argued by the Defendant, purchased the said vehicle, and had the Defendant operate the said vehicle due to the obligation relationship with the Defendant, and had the Defendant know of the fact that the order was issued to suspend operation of the said vehicle, but did not inform the Defendant of the fact later, the witness F made a statement consistent with the Defendant’s assertion.

B, a registered name of the above vehicle, was purchased by the F in its own name, and the said motor vehicle was not the same as it was purchased by the F in its own name, and there was no difference between the two.

was stated.

(c)

If so, even if an order to suspend operation of the motor vehicle was issued, the defendant was aware of the fact.

As can not be seen, the defendant's order to suspend the operation is the same.