A defendant shall be punished by a fine of 500,000 won.

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

Punishment of the crime

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

The Defendant is the actual owner and possessor of the CM520 vehicle, and was left alone at another person’s parking lot located in Gwanak-gu in Seoul Special Metropolitan City from January 19, 2015 to March 12, 2015 without justifiable grounds.

Summary of Evidence

1. Reports on automobiles left alone within private land, and reports on residents of abandoned vehicles;

1. Notification of the scrapping of a large vehicle received as an abandoned vehicle, notification of the scrapping of the vehicle ex officio cancelled, and measures for the motor vehicle for commodities registered by unlawful means;

1. Inspection of the motor vehicle registration ledger (A);

1. On-site photographs of abandoned vehicles;

1. Application of the Acts and subordinate statutes of the Incheon District Court 2009 Highest 5547 decided ;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the Defendant and his defense counsel’s assertion is that the Defendant parked a CM520 passenger car (hereinafter “instant vehicle”) at another person’s parking lot on the wind bound by another case around August 2014, when the Defendant did not pay the parking lot fee for two months. As such, the Defendant did not neglect the instant vehicle without permission.

2. Articles 81 subparag. 8 and 26 subparag. 13 of the former Automobile Management Act (amended by Act No. 13686, Dec. 29, 2015; hereinafter the same) provide that an owner or possessor of a motor vehicle shall be punished by leaving the motor vehicle alone on another’s land without justifiable grounds. The purport of such provision is that the owner or possessor of a motor vehicle shall not operate the motor vehicle according to its own purpose and install a considerable period of time on another’s land.