Text
The defendant shall be innocent.
Reasons
1. The Defendant is the owner of Crewings.
From September 10, 2010 to January 10, 201, the Defendant left the said vehicle on the backway (F) of the oil station located in E-Gu D during the period of Ansan.
2. Determination
A. Article 26(1)2 of the Motor Vehicle Management Act provides that “a person who continues to leave a motor vehicle on the road” refers to a case where the management of the relevant motor vehicle is deemed to have been de facto renounced by leaving the motor vehicle on the road continuously without any special management act (see Supreme Court Decision 2010Do1656, Mar. 25, 2010).
In this case, according to the evidence duly adopted and investigated by the court, the following circumstances are revealed.
① Even according to the Defendant’s statement, the Defendant, around September 2010, was able to walk the starting of the instant motor vehicle and run the motor vehicle without leaving the motor vehicle at a parked place thereafter.
In addition, the mandatory insurance on the instant motor vehicle was purchased by 2009, and was not purchased for economic reasons since 2010.
In addition, on December 22, 2010, a public official in charge of the Gu office did not take a separate measure despite attaching a voluntary treatment notice to the instant vehicle on January 10, 201, and when the towing was taken on January 10, 201, and the public official in charge after that, the Defendant scrapped the instant vehicle on the ground that it would be scrapped.
(2) However, the Defendant, while working in a distribution company relatively consistent from the time he/she was examined to the court, is operating the company’s vehicle.
As can be seen, this case’s vehicle is parked on the front side of the company located along the parking line, and it does not leave the road continuously without any opportunity to operate the vehicle.
(3)