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(영문) 청주지방법원 2019.01.09 2018고정587
자동차관리법위반
Text

The defendant shall be innocent.

Reasons

1. No motor vehicle shall be operated unless it is registered in the register of motor vehicles;

Nevertheless, the Defendant, at around 11:10 on July 20, 2018, operated a string which was not registered on the B-owned vehicles owned by the Defendant on the street in front of the 150 main street of the petition-gu Cheongju-si, the second cycle of the petition-gu, Cheongju-si.

In this respect, the defendant operated a bitr without being registered.

2. Relevant provisions;

(a) Article 2 of the Automobile Management Act (Definitions);

1. The term "motor vehicle" means an instrument manufactured for the purpose of movement on land by an engine, or an instrument manufactured for the purpose of movement on land by being towed (hereinafter referred to as "protruding motor vehicle");

Provided, That those prescribed by Presidential Decree shall be excluded herefrom.

(ii) an automobile under Article 5 (excluding two-wheeled automobiles);

The provisions of this Article through Article 47-11 are the same.

) The register of automobile (hereinafter referred to as “register”) shall be the register.

(iii) Any person who falls under any of the following subparagraphs shall be punished by imprisonment with prison labor for not more than two years or by a fine not exceeding 20 million won.

1. A person who operates a motor vehicle without registration, in violation of Article 5;

(b) The term "those as determined by the Presidential Decree" in the proviso to subparagraph 1 of Article 2 of the Automobile Management Act (hereinafter referred to as the "Act") means any of the following subparagraphs:

2. Agricultural machinery as prescribed by the Agricultural Mechanization Promotion Act;

(c) The definitions of terms used in this Act shall be as follows:

1. The term "agricultural machinery" refers to any of the following items, prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs:

Article 1-2 (Scope of Agricultural Machinery) of the Enforcement Rules of the Agricultural Mechanization Promotion Act (hereinafter referred to as the "Act").

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