자동차관리법위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is that the Defendant committed an act of manipulating the electronic control system of automobiles to adjust the output of automobile engines. Such electronic control system (ECU) shall mean the operation or modification of electronic control so as to control the working conditions, including power transmission devices including automobile engines (power generating devices), suspenders, steering devices, and brakes. Thus, it constitutes a motor under Article 8(2) subparag. 1 of the Enforcement Decree of the Automobile Management Act, and a motor under Article 8(2) subparag. 7 of the Enforcement Decree of the Motor Vehicle Management Act, and is subject to the approval of the competent authorities with respect to the tubes in accordance with Article 5(1) of the Enforcement Rule of the Motor Vehicle Management Act.
Nevertheless, the lower court determined that there was no proof of crime regarding the remaining facts charged in the instant case, which determined that the operation of the electronic control system was not subject to the approval of the violation, and thus, there was an error of law
2. The summary of the facts charged in the instant case was, without the approval of the competent authority at a motor vehicle maintenance business establishment located in the Dong-gu in Gwangju-gu, the Defendant, without the approval of the competent authority, installed on June 12, 2014 in the vehicle with the Emsomomomomomomomer vehicle, the Furf vehicle on June 25, 2014, and the KON installed inside the vehicle at the low-priced strawer vehicle (on July 2, 2014, linked to the electrical device connected part of the vehicle) to operate the electronic control system (ECU) to adjust the output of each motor vehicle engine.
3. The interpretation of the judgment penal provisions must be strict, and it is not permitted to expand or analogically interpret the meaning of the explicit penal provisions in the direction unfavorable to the defendant, as it is contrary to the principle of no punishment without law.
(See Supreme Court Decision 2012Do4230 Decided November 28, 2013). According to the record of the instant case, the electronic control system of a motor vehicle controls the operation conditions of other devices, such as a motor (power generating device), power transmission device, fuel device, and brake device, using a computer.