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(영문) 수원지방법원 2018.09.10 2018노749

자동차관리법위반

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, misunderstanding of the legal principles and misunderstanding of the facts, the Defendant only set up four heights to set up the instant campus for camping purpose (hereinafter “instant campus”) on the instant vehicle as indicated in the judgment of the court below (hereinafter “instant vehicle”). Since the instant campus can be freely set up on the instant vehicle, the Defendant did not have any change in the structure and devices of the instant vehicle by installing the instant campus on the vehicle.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 500,000) is too unreasonable.

2. Determination

A. The following circumstances revealed based on the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts: (i) the Automobile Management Act basically limits the alteration of the structure and devices of a motor vehicle; (ii) it regulates a system that excludes the alteration of minor structures and devices subject to the regulation; and (iii) most devices installed on a motor vehicle can be basically posted. However, there is a conceptual difference from the general cargo, etc. in that it requires a separate installation or technology in the fixing or breaking.

Therefore, it cannot be deemed as an essential element that denies the possibility of changing the devices and structure of the instant vehicle. ③ The instant campus is manufactured in accordance with the instant vehicle size ( approximately 220 cm, approximately 196 cm), and it is completely fixed to the instant vehicle through the scrap , etc. separately attached to the instant vehicle. ④ In full view of the circumstances such as the fact that the instant campus needs separate devices to be attached to the instant vehicle in order to leave the instant vehicle, and that human power alone is not possible to reconstruct it, the Defendant has to install the instant camp on the instant vehicle to change the structure and structure of the instant vehicle.