In cases where an owner of an automobile intends to have a motor vehicle installed, he/she shall obtain approval from the competent authority, and shall not operate a motor vehicle even though he/she is aware that it has been installed without obtaining approval from the competent authority.

Nevertheless, on August 3, 2018, the Defendant, without the approval of the competent authority, replaced the noise prevention device for the said car in the car maintenance business office where the address and trade name of Incheon is unknown, and installed it. On the 4th day of the same month, the Defendant operated the said car on the front road of Gyeonggi-gun, Gyeonggi-do.

2. The prosecutor acting on behalf of the public prosecutor applied Article 81 subparag. 19 and Article 34(1) of the Automobile Management Act to the facts charged in the instant case, and the Defendant asserts that the noise prevention device itself was not replaced, but only the rear fluor part was replaced, and that this is not subject to approval of structural change.

Article 81 subparag. 19 of the Act provides that "a person who has installed a motor vehicle without obtaining approval from the head of a Si/Gun/Gu in violation of Article 34" shall be punished by imprisonment with prison labor for not more than one year or by a fine not exceeding ten million won, and Article 34(1) of the Act provides that where a motor vehicle intends to have installed a motor vehicle with respect to the items prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, it shall obtain approval from the head of a Si/Gun/Gu. Article 55(1) of the Enforcement Rule of the Motor Vehicle Management Act, which is the Ordinance of the Ministry of Land, Infrastructure and Transport, provides that "a minor structural device determined and publicly announced by the Minister of Land, Infrastructure and Transport, such as an alteration of appearance of a criminal spread, shall be excluded from the subject of approval." Accordingly, according to attached Table 1 of Article 4 of the Regulations on Rolling of Motor Vehicles

However, among the evidence submitted by the prosecutor, Internet complaints and their related evidences.