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(영문) 대구지방법원 안동지원 2019.11.20 2019고정77
자동차관리법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the possessor of the BE-car.

No owner or possessor of a motor vehicle shall leave a motor vehicle alone on another's land without justifiable grounds.

Nevertheless, from March 2015 to June 9, 2015, the Defendant left the Mat Motor Vehicle on the city road of Busan Metropolitan Government from March 2015 to neglected without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. A resident report of an automated person leaving alone;

1. Guidance for voluntary movement of motor vehicles;

1. (Inquiry Report) Requests to take measures to tow a abandoned vehicle for a long period;

1. Report on towing of abandoned vehicles;

1. Voluntary disposal order for an abandoned automobile;

1. A certificate of automobile-scrapping;

1. Application of statutes to a report on detection of an offender;

1. Article 81 Subparag. 8 of the former Automobile Management Act (amended by Act No. 13686, Dec. 29, 2015; hereinafter the same shall apply) and Article 26(1)3 of the same Act concerning criminal facts, the selection of fines, and the selection of fines.

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order (hereinafter “instant vehicle”)

D, registered as the owner, has parked in a place that does not impede passage for about three months because it is difficult to obtain ownership transfer registration in the future of the defendant, and therefore, it is difficult to regard it as a neglect as prescribed by the former Automobile Management Act.

Article 26 (2) of the former Automobile Management Act (amended by Presidential Decree No. 26 (1) of the same Act) is deemed to fall under “an act leaving a motor vehicle on another person’s land without justifiable grounds” as prescribed by Article 26 (1) 3 of the same Act, the relevant motor vehicle may be ordered to the owner or possessor of the relevant motor vehicle to scrap the relevant motor vehicle and then issue an order or take other measures, such as requesting the scrapping of the motor vehicle, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.

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