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(영문) 청주지방법원 2019.09.05 2019노73
자동차관리법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. Of the agricultural machinery stipulated in the proviso of Article 2 subparag. 1 of the Automobile Management Act and Article 2 subparag. 2 of the Enforcement Decree of the Agricultural Mechanization Promotion Act, “bitr” as stipulated in attached Table 1-2 subparag. 24 of the Enforcement Rule of the same Act is premised on the premise that it is “straw transport equipment installed with loading equipment for the purpose of transporting agricultural products mainly and connected to a self-stock engine such as agricultural track and power train, etc. connected with an agricultural land, etc., which can be used only in its nature and is not operated in the general road. The Supreme Court also held that it constitutes an automobile which needs to be registered and operated in the register of mobile toilets, etc. (Supreme Court Decision 2014Do15490 Decided March 15, 2017). The court below erred in the misapprehension of the judgment of the court below as to the above facts charged by misapprehending the legal purport of the relevant laws and regulations and precedents, and thus, it does not constitute an “motor vehicle transport engine of the Defendant,” which is connected with the instant vehicle transport engine or excluded from the foregoing.

2. Determination

A. In the case of "Trpers" falling under agricultural machinery, subparagraph 24 of attached Table 1-2 of the Enforcement Rule of the Agricultural Mechanization Promotion Act shall be equipped with a loading device for the purpose of transporting agricultural products to "caters" and self-stocks such as agricultural caters and power caters.

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