자동차관리법위반
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is as follows: (a) the Defendant: (b) intended to acquire Cub 300 vehicles (hereinafter “the instant vehicle”); (c) intended to make a transfer registration without cooperation by E, the owner of the vehicle; (d) failed to complete the transfer registration; (c) was paid a reasonable amount of tax in accordance with the guidance of public officials of the Gu office and police stations; and (d) continued to operate the said vehicle by obtaining a refund of the number plate kept in custody; and (e) there is any justifiable reason for the Defendant to operate the said vehicle without a transfer registration; and (e) there is an error of law
2. In full view of the following circumstances acknowledged by the evidence duly admitted and examined by the lower court, there is a justifiable reason to refuse to register transfer solely on the basis of the circumstance alleged by the Defendant.
It is difficult to see it.
Article 81 subparag. 2 of the Automobile Management Act punishs a person who acquires a registered automobile and fails to file an application for the registration of transfer of ownership within 15 days without justifiable grounds. The legislative purpose of the above provision is to restrain those cases where the owner on public record and the actual owner are operated or used for crimes without taking out insurance for another motor vehicle. Thus, in a case where justifiable grounds exist, it is difficult to complete the same even though they performed normal efforts and promotion for completing the registration of transfer of ownership, and there is a circumstance where it is deemed that the performance of obligations cannot be expected to the parties significantly.
The Defendant purchased KRW 5 million from B on October 2015, and confirmed the original register of the instant automobile (Evidence No. 50 pages). At the time, on February 19, 2014, the Defendant registered the fact that the said automobile was reported to the effect that it was illegal in the said automobile’s name (title 50), and was subject to a fine for negligence for violation of alcohol.