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(영문) 대구지방법원 2018.01.26 2017노1401

자동차관리법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts or misapprehension of legal principles) is that the Defendant engaged in simple contact work on a new vehicle, and such work constitutes a work that can be conducted without registration of automobile maintenance business under the Automobile Management Act.

2. Determination

(a) Article 2 (Definition) of the Automobile Management Act and subordinate statutes;

6. The term "motor vehicle management business" means a motor vehicle trading business, a motor vehicle maintenance business, and a motor vehicle scrapping business;

(c) The term "motor vehicle maintenance business" means the business of inspecting, repairing, or monitoring motor vehicles (excluding two-wheeled motor vehicles);

Provided, That the works prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport shall be excluded.

11. The term "motor vehicle tubes" means altering part of the structure and devices of a motor vehicle or adding objects attached to a motor vehicle;

Article 34 (Tracking of Motor Vehicles) (1) In cases where an owner of a motor vehicle intends to conduct the tubes on the items prescribed by Ordinance of the Ministry of Construction and Transportation of the national land, he/she shall obtain approval from the head of a Si/Gun

(2) A person who has been granted the approval of tubes pursuant to paragraph (1) shall have the tubes processed by a motor vehicle maintenance business entity, a motor vehicle manufacturer, etc. prescribed by Ordinance of Ministry of Land, Infrastructure and Transport

In such cases, the scope of the tubes of a manufacturer, etc. of automobiles shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.

(2) The equipment of the following vehicles shall meet the safety standards as prescribed in Article 29 (1) of the Act:

10. "Items prescribed by Ordinance of the Ministry of Construction and Transportation of the National Land" in Article 34 (1) of the Enforcement Rule of the Motor Vehicle Management Act (1) of the same Act means the structures and chapters falling under any of the following subparagraphs:

Provided, That this shall not apply to structures and devices of light value determined and publicly announced by the Minister of Construction and Transportation, such as change in the appearance of a spread.

2. Article 8 (2) 1, 2 (limited to a tea), 4, 5, 7 (limited to a fuel device), 10, 12 through 14, and 20 of the Decree.