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(영문) 수원지방법원 2014.01.16 2013고정2055
자동차관리법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

Although a motor vehicle cannot be operated unless it is registered in the motor vehicle register, the defendant was requested to maintain the hub of a large-scale unregistered bus used for driving education of a specialized driving school of Taesungsung in the company, and the defendant operated the bus on April 1, 2013 to move the above bus to the automobile maintenance business C, which is operated by the defendant, around 09:25, on April 1, 2013, in order to move the above bus to the automobile maintenance business operator C, the defendant operated the bus from a specialized driving school of Taesungsung-dong in the area of about 2km to the 563m distance of the wife population located in the area north 563 in the area of

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of witness by the police officer in relation to D and E;

1. An investigation report on the actual traffic accident and a report on the occurrence of a traffic accident;

1. Application of Acts and subordinate statutes to photographs of vehicles damaged by accidents;

1. Article 80 of the Motor Vehicle Management Act applicable to criminal facts, Articles 80 subparagraph 1 and 5 of the Motor Vehicle Management Act, the selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act (50,000 won per day);

1. Judgment on the assertion by the defendant or his defense counsel under Article 59(1) of the Criminal Act (the suspension of sentence: fine of 500,000 won; the reasons for considering the circumstances; and the fact that there are no force of the same kind);

1. The purpose of the defendant and his/her defense counsel is to promote public welfare by attaining an authentication on ownership of road transport vehicles, securing safety, and promoting the sound development of technology for inspection of automobiles and maintenance of automobiles for the purpose of the enactment of Automobile Management Act;

In light of the fact that the registration of an automobile is for clarifying the ownership of the vehicle, the person subject to punishment should be limited to the person liable for registration if the vehicle is operated without being registered in the register of automobile.

In this regard, Article 5 of the Automobile Management Act only provides that "A motor vehicle shall not be operated unless it is registered in the register of motor vehicles," and the objects of the person who is unable to operate.

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