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The defendant shall be innocent.
Reasons
1. Where the owner of a motor vehicle intends to change the structure and devices of a motor vehicle prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs among the structures and devices of the motor vehicle charged, such as length, width, height, etc., he/she shall obtain approval from the head of a Si/Gun/Gu, and no
Nevertheless, on January 18, 2012, the Defendant, at the home of the Defendant in Seocho-gu, Dennam-si, and even with knowledge of the fact that the Defendant’s wife, who is the owner of the said cargo, did not obtain the approval of the sub-west market, had the said cargo loaded the ice on the front side of the driver’s seat to change the structure of the said vehicle. On June 18, 2012, the Defendant operated the said vehicle with the said structure changed on the roads near the Seocho-gu, Seocho-gu, Seoul.
2. According to the records, the defendant's operation of the stringer on the upper part of the D Poter's cargo driving line by fixing the stringer on the upper part of the D Poter's cargo driving line is merely a stringing onto the stringer on the vehicle, and it does not cause any damage to the structure of the vehicle, nor could it be easily separated from the structure and devices of the vehicle.
Therefore, the facts charged of this case constitute a crime or a case where there is no proof of a crime, and thus, the defendant is acquitted under Article 325 of the Criminal Procedure Act.