건설기계관리법위반
The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. The summary of the grounds for appeal reveals that the Defendant did not register the construction machine business as stated in the facts charged in the instant case and carried out the work of putting the separate kacker onto the kacker without registering the construction machine business. However, the construction machine maintenance stipulated in the Construction Machinery Management Act does not apply to the kacker's kacker's kacker's kacker's kacker's kacker's kacker's kacker's weight
Therefore, the judgment of the court below which convicted the defendant is erroneous in the misapprehension of facts or in the misapprehension of legal principles.
2. Determination
A. The summary of the facts charged and the summary of the facts charged in the instant case’s judgment were as follows: “A person who intends to operate construction machinery business is registered with the head of a Si/Gun/Gu, as prescribed by Presidential Decree, but the Defendant did not register it, and around January 13:40, at around January 19, 2016, he/she used equipment such as oxygen folding machines in the above D, thereby melting off the number plate, which is a construction machine.
"," and the court below found the defendant guilty of the above facts charged after compiling the relevant evidence.
B. (1) The definitions of terms used in this Act are as follows:
1. The term "construction machinery" means machinery that can be used for construction works, which is prescribed by Presidential Decree;
2. The term "construction machinery business" means construction machinery rental business, construction machinery maintenance business, construction machinery sales business, and construction machinery dismantlement business;
4. The term "construction machinery maintenance business" means business of conducting all activities for the smooth use of construction machinery (excluding those prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as minor maintenance), such as disassembly, assembling or repairing construction machinery and processing, manufacturing or replacing its parts;
Article 21 (Registration, etc. of Construction Machinery Business) (1)