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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is a person who operates a used car trading company.
In spite of the fact that no one is allowed to operate a motor vehicle unless it is registered in the motor vehicle registration ledger, the defendant, from the beginning of March 2016 to the end of August of the same year, operated Bchip vehicle in Busan, such as the Bupyeongdong-gu Busan, Busan, without registering it in the vehicle registration ledger.
2. Determination
A. The burden of proving the facts charged in a criminal trial is to be borne by a public prosecutor, and the conviction of guilt is to be based on the evidence of probative value, which makes a judge not having any reasonable doubt that the facts charged are true. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it shall be determined with the benefit of the defendant.
B. The crime of violation of Article 80 subparagraph 1 and Article 5 of the Automobile Management Act is an intentional crime established only when a person knowingly drives a motor vehicle that has not been registered in the vehicle registration ledger with the knowledge that it is not registered in the vehicle registration ledger. Thus, in order to punish the defendant for this reason, the defendant is required to be aware of the fact that the motor vehicle in this case is "motor vehicle which is not registered in the
(c)
The following circumstances revealed by the records of this case, namely, the Defendant, at the request of the investigative agency to the court, consistently lent KRW 900,000 to any other person and received KRW 100,000 after the month when he/she borrowed KRW 90,000 from the police officer at the request of the police officer of the first time of March 2016, and was in custody of the instant vehicle as a security, but no contact was thereafter made from the debt manager and continued to keep the vehicle in custody, he/she received KRW 1,00,000 around August 15, 2016, and borrowed KRW 60,000,000 in cash. However, at the time of receiving the instant vehicle as security, the Defendant was issued a registration certificate.