자동차관리법위반
The defendant's appeal is dismissed.
1. Summary of grounds for appeal by the defendant;
A. In fact, the Defendant, at the time of transfer of the cargo vehicle, was subject to attachment on the vehicle due to the overdue charge equivalent to KRW 6 million per ownership of the previous vehicle, and did not contact with the owner of the vehicle. As such, there was a justifiable reason that the Defendant was not able to make a transfer registration of ownership within 15 days.
must be viewed.
Nevertheless, the lower court found the Defendant guilty of the facts charged of this case, thereby misunderstanding the facts and adversely affecting the conclusion of the judgment.
B. The judgment of the court below that sentenced a fine of 1.5 million won to an unjust defendant is too unreasonable.
2. Determination
A. Article 81 subparag. 2 of the Automobile Management Act provides for criminal punishment against a person who fails to file an application for the registration of transfer of the ownership of an automobile that has been acquired without any justifiable reason. This is to restrain the occurrence of another vehicle by the owner in the public record and the actual owner. In the case of justifiable grounds, the term “in the event of a justifiable reason” refers to a situation where it is deemed that the performance of an obligation is significantly impossible even if the owner was unable to complete the registration even though he/she had made normal efforts and promoted to complete
The following circumstances acknowledged by the evidence duly adopted and examined by the lower court, i.e., the Defendant: (a) purchased D Freight Vehicles (hereinafter “instant vehicle”) registered in the name of C from around March 2015, which are a representative engineer B, in the name of KRW 6,80,000; and (b) obtained the registration certificate kept in the vehicle and issued the registration certificate; and (c) the registration certificate states that “it shall make the registration of ownership transfer within 15 days and shall be subject to an administrative fine or penalty at all times,” and the Defendant was aware of the aforementioned obligations upon undergoing the police investigation.
The defendant stated the statement, 2. C at the time of purchase of the instant vehicle.