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(영문) 울산지방법원 2018.07.12 2018노242
자동차관리법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding and misunderstanding of legal principles 1) An act of installing a campingus on a truck under the current law violates the Automobile Management Act, or it is unreasonable to punish a person by applying the said provision as it is due to lack of legislation.

2) The Defendant registered a “motor vehicle manufacturer, etc.” under the Motor Vehicle Management Act, and the Defendant is deemed a manufacturer who can perform the notarial work, and thus, it is unlawful to punish the Defendant on the ground that he/she failed to register the motor vehicle maintenance business.

B. The sentence sentenced by the lower court to the Defendant (an amount of KRW 3 million) is too unreasonable.

2. Judgment on the grounds for appeal

(a) The definitions of terms used in this Act are as follows:

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

8. The term "motor vehicle maintenance business" means a business engaging in inspection and maintenance of motor vehicles (excluding two-wheeled motor vehicles), maintenance and pipes;

Provided, That the works prescribed by Ordinance of 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 affixed objects to a motor vehicle;

Article 34 (Stewardship of Motor Vehicle) (2) A person who has obtained the approval of the duplication pursuant to paragraph (1) shall be subject to the inspection by a motor vehicle maintenance business operator, a motor vehicle manufacturer prescribed by Ordinance of the Ministry of Construction and Transportation of the National Land, etc.

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

Article 53 (Registration, etc. of Motor Vehicle Management Business) (1) Any person who intends to conduct a motor vehicle management business shall register with the head of a Si/Gun/Gu as prescribed by Ordinance of Ministry of Land, Infrastructure and Transport

Article 55-2 of the Enforcement Rule of the Motor Vehicle Management Act (Penalty Provisions) (No. 55-2) shall be applied to a person who conducts a motor vehicle management business without being registered to the head of a Si/Gun/Gu, in violation of Article 53(1) of 13.

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