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(영문) 수원지방법원 2015.02.11 2014고정3070

자동차관리법위반

Text

The defendant shall be innocent.

Reasons

1. The Defendant in the instant facts charged is the actual operator of CM vehicle.

Where the owner of a motor vehicle intends to change the structure of the motor vehicle prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, he/she shall obtain approval from the head of the Si/Gun/Gu, but the defendant changed the structure of the motor vehicle by attaching and painting the machine fluor of the motor vehicle without obtaining approval from the head of the competent Si on July 2013 from the mid-to long-term Kabl in the middle-term Scoo-si,

2. The evidence submitted by the judgment prosecutor alone is insufficient to recognize whether the act of painting the instant vehicle and attaching spagls constitutes a change in structure that violates the Automobile Management Act, and there is no other evidence to acknowledge it.

3. If so, the facts charged in the instant case constitute a case where there is no proof of crime, and thus, not guilty pursuant to the latter part of Article 325 of the Criminal Procedure Act.