2019년 3월 7일, 한 남편(피고인)은 송파구 방이동에 있는 방이초등학교 근처에 봉고화물차를 잠시 주차했다가 불법주차로 견인당했다. 견인된 차량이 송파견인차량보관소에 보관되어 있음을 알고도, 그는 9개월 동안 차량을 찾지 않았다. 이 기간 동안 송파구청은 차량의 소유자인 아내에게 반환 절차를 알렸지만, 아내는 이를 무시했다. 결국 1999년 11월 11일, 견인보관소는 장기보관차량 매각 및 소유자 고발 예정 공고를 내놓았다. 그러나 피고인은 여전히 차량을 찾지 않았다. 2000년 2월 15일, 아내는 자동차관리법 위반으로 고발당했다.
대법원은 피고인의 행위를 "정당한 사유 없이 자동차를 타인의 토지에 방치하는 행위"로 판단했다. initially, the lower court had ruled that the defendant's act of leaving the car in the towing lot was not a violation because he had not abandoned the car intentionally. However, the Supreme Court overturned this decision, stating that the defendant's failure to retrieve the car for 9 months after being notified to do so constituted abandonment. The court emphasized that the defendant had the means to retrieve the car but chose not to, which demonstrated his intent to abandon it.
피고인은 차량을 잠시 주차한 것뿐이며, 견인된 후 차량을 찾지 않은 것은 단순한 소홀이었다고 주장했다. 그는 차량을 완전히 포기하지 않았으며, merely neglected to retrieve it within the legal timeframe. Additionally, he argued that the towing lot was responsible for the car's safekeeping, so his inaction did not constitute abandonment.
가장 결정적인 증거는 피고인이 9개월 동안 차량을 찾지 않은 fact. The towing lot had notified him and his wife multiple times about the car's status and the need to retrieve it. Despite these notifications, the defendant took no action. Additionally, the Supreme Court noted that the defendant had the means to retrieve the car but chose not to, which demonstrated his intent to abandon it.
네, similar situations can result in penalties. According to the Supreme Court's ruling, if you leave your car in a towing lot or private property for an extended period without valid reason after being notified to retrieve it, you could be penalized under the Motor Vehicle Management Act. The key factor is whether your inaction demonstrates an intent to abandon the vehicle.
Many people believe that simply leaving a car in a towing lot or private property for a short period won't result in penalties. However, the Supreme Court's ruling clarifies that the duration of abandonment and the owner's intent are crucial factors. Even if you initially had no intent to abandon the car, failing to retrieve it after being notified can lead to penalties.
In this case, the defendant was fined 500,000 won. If the fine is not paid, the defendant can be sentenced to up to 1 year in prison or a fine of up to 3,000,000 won. The Supreme Court emphasized that the penalty should be proportionate to the severity of the offense and the defendant's intent.
This ruling has significant implications for vehicle owners. It underscores the importance of promptly retrieving vehicles that have been towed or left on private property. The ruling also clarifies the legal definition of "abandonment" under the Motor Vehicle Management Act, providing clearer guidelines for both vehicle owners and law enforcement.
In the future, similar cases will likely be judged based on the criteria established in this ruling. If a vehicle owner leaves a car in a towing lot or private property for an extended period without valid reason after being notified to retrieve it, they could face penalties under the Motor Vehicle Management Act. The key will be whether the owner's inaction demonstrates an intent to abandon the vehicle. Additionally, law enforcement may be more vigilant in notifying vehicle owners about the need to retrieve their cars, and towing lots may be more proactive in enforcing abandonment policies.