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(영문) 수원지방법원 성남지원 2016.09.08 2016고정713
자동차관리법위반
Text

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. Motor vehicles prosecuted shall be operated by the motor vehicle user to whom matters concerning the operation, etc. of motor vehicles are entrusted by the motor vehicle owner or motor vehicle owner;

Notwithstanding that the Defendant was not entrusted with matters concerning the operation, etc. of a motor vehicle by Hyundai Capital Co., Ltd., the owner of the C Ecuasing Motor Vehicle (hereinafter “instant motor vehicle”), the Defendant operated the said motor vehicle in the vicinity of the road in front of the 505 U.S. S. S. St., at around 16:20 March 19, 2016.

2. The Defendant’s defense counsel asserts that since the Defendant operated a vehicle with the permission of direct operation from the lessee of the instant vehicle, this does not constitute an act of operating the vehicle so-called “large-sized vehicle,” the Defendant did not intend to operate the vehicle by large-scale.

According to the records, the following facts are acknowledged: (a) D Co., Ltd. (Representative E) entered into a contract for leasing the instant vehicle with the owner Hyundai Capital Co., Ltd. (Lease Co., Ltd) on November 8, 2013; (b) D Co., Ltd. did not pay rent after May 2014; (c) Hyundai Capital Co., Ltd. claimed the termination of the lease contract from June 2014; and (d) requested the return of the instant vehicle; and (c) the Defendant was under control while driving the instant vehicle on March 19, 2016; and (d) at the time, the Defendant stated that “the instant vehicle was operated with the permission to operate the instant vehicle granted from E from September 2015.”

Article 81 subparag. 7-2 and Article 24-2 of the Automobile Management Act, which is a penal provision applied to the defendant, is a provision newly established on August 11, 2015 by the Automobile Management Act (Act No. 13486, Feb. 12, 2016, enforcement of the amended provisions), and Article 81 subparag. 7-2 of the same Act provides that “a person who operates a motor vehicle in violation of Article 24-2(1) shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won, and Article 24-2(1) of the same Act provides that “a motor vehicle shall be punished by a motor vehicle user under Article 2 subparag. 3 or a motor vehicle user under

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