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(영문) 춘천지방법원 영월지원 2020.01.07 2019고정96
자동차관리법위반
Text

The defendant shall be innocent.

Reasons

1. Where a motor vehicle scrapping and recycling business operator is requested to scrap the motor vehicle, he/she shall scrap the relevant motor vehicle and destroy the motor vehicle registration certificate, registration number plate, and seal in a state that they cannot be recycled;

Nevertheless, on February 19, 2019, the Defendant sold the above passenger cars to the exporter on February 25, 2019, without scrapping the Eone Star car requested from D local children's centers.

2. The summary of the defendant's and his defense counsel's assertion is that the defendant did not scrap the vehicle and sold it to the exporter without scrapping it.

However, according to Article 138 (1) and (2) of the Enforcement Rule of the Automobile Management Act, if a vehicle is sold to an exporter, it is not established even if it is not scrapped.

3. Article 2 of the Automobile Management Act.

5. The term "vehicle scrapping" means either dismantling a motor vehicle and then compressing, crushing or cutting the devices of the motor vehicle so that it cannot maintain its performance set forth in Ordinance of the Ministry of Land, Infrastructure and Transport, or compressing or crushing a motor vehicle without dismantling it;

Article 58 (Obligation of Motor Vehicle Management Business Entities to Notify and Manage Motor Vehicle) (5) A motor vehicle scrapping and recycling business entity shall observe the following matters:

2. Where a motor vehicle is scrapped, the relevant motor vehicle shall be scrapped and the motor vehicle registration certificate, registration number plate, and seal shall be discarded in an unusable state shall be discarded, and a person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than two years or by a fine not exceeding 20 million won:

9. A person who has failed to scrap a motor vehicle requested for scrapping in violation of Article 58 (5) 2 or has failed to destroy the motor vehicle registration certificate, registration number plate, and seal.

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