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(영문) 청주지방법원 2016.06.15 2015고단1828

자동차관리법위반

Text

Acquittal of the accused shall be acquitted.

Reasons

1. A person who has taken over a motor vehicle registered in the facts charged in this case shall file an application for the registration of transfer of the ownership with the Mayor/Do Governor;

Nevertheless, the Defendant, on March 26, 2005, did not apply for the registration of ownership transfer without justifiable grounds, even though the Defendant acquired D New Daily from B, which was registered in the name of C, from the Dobong-gu, Seodong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul, to acquire the XG vehicles.

2. We examine the judgment. In applying Article 81 subparag. 2 and Article 12 subparag. 1 of the Automobile Management Act as stated in the applicable law when a prosecutor institutes a public prosecution, the facts charged in the instant case is that the statutory punishment is imprisonment for not more than one year or a fine not exceeding ten million won. Under Article 249 subparag. 5 of the former Criminal Procedure Act (amended by Act No. 8730 of Dec. 21, 2007), the statute of limitations is three years. It is clear that the statute of limitations has expired three years after the completion of the criminal act as of September 22, 2015 (as of the time when the public prosecutor instituted a public prosecution, it is evident that the statute of limitations has already passed after the completion of the public prosecution as of Sep. 22, 2015 (as a registered transferee, who did not apply for the registration of ownership transfer without any justifiable reason, the act of Defendant 3 or a fine for negligence under Article 2 subparag. 94 of the Automobile Management Act cannot be prosecuted as of this case.