자동차관리법위반
The defendant shall be innocent.
Although a person who takes over a motor vehicle registered as a summary of the facts charged applies for the registration of transfer of the ownership of the motor vehicle to the Mayor/Do Governor within 15 days, the defendant did not apply for the registration of transfer of the ownership of the motor vehicle until 15 days have passed from the date of transfer of the motor vehicle owned D as a substitute for the bond of 5 million won from D before the defendant's house located in Ansan-si Seoul Metropolitan Government around January 2015.
Judgment
In full view of the contents and purport of Articles 6, 12(1) and (3), and 80 subparag. 2 of the Automobile Management Act, the term “person who has acquired an automobile” under Article 12(3) of the Automobile Management Act means a person who takes over an ownership of an automobile through legal acts, such as sale and purchase or donation.
Therefore, even if the obligee is delivered to the obligor, if it is merely a mere delivery of the vehicle owned by the obligee as collateral without the agreement on the transfer of ownership, or if the obligee is delegated only with the authority to dispose of the vehicle as a substitute for the repayment of the claim, such obligee cannot be deemed to be “the transferee of the vehicle” under Article 12(3) of the Automobile Management Act (see, e.g., Supreme Court Decision 2013Do8503, Jun. 9, 2016). The Defendant and the defense counsel merely received the instant vehicle from D for the purpose of securing the claim and did not transfer the ownership of the said vehicle.
In light of the following circumstances that can be acknowledged by the evidence duly examined by this court, it is insufficient to recognize that the defendant acquired the ownership of the above automobile, and there is no other evidence to acknowledge it.
On September 25, 2016, the Defendant is the owner of the foregoing vehicle while driving the foregoing vehicle in front of the 3rd distance of the head of the family located in 483 at the time of Ansan-si, the light of which is around 11:30.