The defendant shall be innocent.

1. No person who is a summary of the facts charged 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 prosecutor applied Article 80 Subparag. 1 and Article 5 to the facts charged in the instant case.

Article 5 of the Automobile Management Act provides that "A motor vehicle (excluding two-wheeled motor vehicles; hereafter the same shall apply to the provisions of this Article through Article 47) shall not be operated 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 with a temporary operation permit granted under Article 27 (1)."

In light of the following, it is difficult to interpret Article 5 of the Automobile Management Act that a motor vehicle owner may not operate a motor vehicle unless the owner of the motor vehicle has made a transfer registration in his/her name in the motor vehicle register as asserted by the prosecutor (as regards such violations, Article 81 subparagraph 2 and Article 12 of the Motor Vehicle Management Act is regulated in the motor vehicle register), and the provision of the Motor Vehicle Management Act is interpreted as restricting the operation of the motor vehicle in the absence of the motor vehicle register. In the case of interpreting Article 5 of the Motor Vehicle Management Act as stated by the prosecutor in the indictment, it is interpreted that the motor vehicle register is to restrict the operation of the motor vehicle. In the case of interpreting Article 5 of the Motor Vehicle Management Act, it is an excessively expanded interpretation or analogical interpretation in the direction unfavorable to the defendant beyond the scope of interpretation of the language and text,

Thus, the facts charged in this case do not constitute a crime.