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(영문) 대전지방법원 논산지원 2015.10.30 2015고정116

자동차관리법위반

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The defendant is not guilty. The summary of the above judgment shall be publicly notified.

Reasons

1. The summary of the facts charged is the owner of a passenger car BM520.

Where the Minister of Land, Transport and Maritime Affairs intends to change the structure of a motor vehicle, the owner of the relevant motor vehicle shall obtain approval.

Nevertheless, around February 2015, the Defendant: (a) installed LED electronic sign board (50 cm, 20 cm, 50 cm in thickness) on the top of the pande part of the said car without the approval of the competent authorities in front of officetels located in Daejeon Seo-gu C; and (b) changed the structure of the vehicle.

2. Determination

A. On the premise that the Defendant is the owner of the pertinent car, the prosecutor instituted a public prosecution by applying Article 81 subparag. 19 and Article 34 of the Automobile Management Act, with the premise that the Defendant was the owner of the said car without obtaining approval.

(b)The register of motor vehicles shall state the owner of the motor vehicle (Article 7(6) of the Automobile Management Act), and since the acquisition, loss, and change of ownership of the motor vehicle shall have its effect to register (Article 6 of the Automobile Management Act), even if another person uses and manages the motor vehicle, the person recorded as the owner in the register of motor vehicles

Accordingly, according to the records, the owner of the above car is who is the owner of the above car, since the above car is registered D other than the defendant as the owner (see evidence records 8, 12). Thus, the defendant cannot be viewed as the owner, and the defendant becomes the owner of the above car due to comprehensive succession, such as inheritance, etc.

However, there is no evidence to acknowledge that D, the owner of the said car, processed by the Defendant in relation to the conduct of the tubes in the said car.

3. In conclusion, the above facts charged constitute a case where there is no proof of crime, and thus, a judgment of innocence is rendered pursuant to the latter part of Article 325 of the Criminal Procedure Act, and the summary of the judgment of innocence is publicly announced pursuant to the main sentence of