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(영문) 인천지방법원 부천지원 2017.02.10 2016고정1097
자동차관리법위반
Text

The defendant shall be innocent.

Reasons

1. The Defendant was employed by the company C as an employee from the date on which it is impossible to identify the exact date due to his/her present absence to November 2015.

피고 인은 위 회사를 퇴사하면서 운영 자인 D과 합의하에 D의 업무가 바쁠 때는 일을 도와주고 추후 피고인이 차량을 폐차할 생각으로 주식회사 C 명의로 등록된 E 차량을 양수 받았다.

A person who takes over a registered motor vehicle shall apply for the registration of transfer of ownership of the motor vehicle in accordance with statutes.

Nevertheless, the Defendant, from November 2015 to November 3, 2015, operated the said E-A-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-S

2. Article 12(1) of the Automobile Management Act, which applies to the facts charged in the instant case, provides that “A person who acquires a registered motor vehicle by transfer, shall file an application for the registration of transfer of the ownership of a motor vehicle with the Mayor/Do governor, as prescribed by Presidential Decree.” Article 81(2) of the Automobile Management Act provides that a person who fails to file an application for the registration of transfer of the ownership of a motor vehicle without justifiable grounds, in violation of Article

As above, Article 12(1) of the Automobile Management Act provides for the obligation to apply for the registration of transfer of “ownership” of a motor vehicle, it is reasonable to deem that the said registration of transfer provides for the registration obligation of the transferee of the motor vehicle with the intention to acquire ownership.

Therefore, as to whether the Defendant received the instant vehicle with the intention to acquire ownership, the Defendant was the owner of the instant vehicle from the investigative agency to the present court, and the Defendant was the owner of the instant vehicle from the investigative agency to the present court, who used the instant vehicle to help the said company to operate the instant vehicle by doing so. The Defendant was the owner of the instant vehicle and received the instant vehicle.

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