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(영문) 인천지방법원 2014.11.27 2014노2367
자동차관리법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 500,000.

The above fine shall not be paid by the defendant.

Reasons

1. No person who has the summary of the facts charged of this case shall operate an automobile unless it is registered in the register of automobiles;

From August 1, 2006 to August 1, 2010, the Defendant operated the B tecasa car purchased from the trading company located in Chungcheongnam-gun, Chungcheongnam-gun without registering it in the name of the Defendant.

2. The court below's determination is difficult to interpret Article 80 subparagraph 1 and Article 5 of the Automobile Management Act as stated in the facts charged in this case, and Article 5 of the Automobile Management Act provides that "No one shall operate a motor vehicle (excluding two-wheeled automobiles; hereafter the same shall apply in this Article through Article 47) unless it is registered in the motor vehicle register (hereinafter referred to as "register"): Provided, That this shall not apply where a motor vehicle is operated within the permitted period with temporary operation permission under Article 27 (1)." In light of the proviso to Article 5 of the Motor Vehicle Management Act and Article 27 (1) of the same Act, it is difficult for a prosecutor to interpret Article 5 of the Motor Vehicle Management Act that a person who owns a motor vehicle is unable to operate a motor vehicle unless it is transferred under his/her name in the motor vehicle register (Article 81 subparagraph 2 and Article 12 of the Motor Vehicle Management Act with respect to such violation). Since no motor vehicle register itself is registered in the motor vehicle register, it can be interpreted that the motor vehicle is excessively limited to the prosecution or its interpretation.

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