Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The Defendant is the owner of a wing and cargo vehicle B.

In cases where an owner of an automobile intends to tubes the items prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, he/she shall obtain approval from the head of a Si/Gun

Nevertheless, the Defendant, on April 2015, set up a clock for camping at the loading equipment of the above cargo without obtaining the approval of the competent authorities at the camping vehicle manufacturing plant that may know that it has been twice or less Kimpo-si, and operated the clock in the above vehicle.

Summary of Evidence

1. Partial statement of the defendant;

1. A photograph of the violating vehicle;

1. A motor vehicle registration certificate photograph [the defendant acknowledged facts as to the facts charged in the instant case, but argued that the ground for punishment is unconstitutional. However, Articles 81 subparag. 19 and 34(1) of the former Motor Vehicle Management Act (amended by Act No. 13486, Aug. 11, 2015) applied to the defendant in the instant case (hereinafter “base provision for punishment”).

The need for delegation is recognized because it constitutes a case where immediate response or flexible regulation is required in a situation in which professional and technical matters are regulated or changed.

On the other hand, when comprehensively considering the language and text of the provision on the ground of punishment, legislative purpose of the above Act, Article 2 subparag. 11 of the former Automobile Management Act, etc., the contents to be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport pursuant to the provision on the ground of the above punishment, among the partial alteration or addition of the structure and devices of a flag vehicle, can be seen as requiring the approval of the competent authority only when it is anticipated that a change in the structure, devices, parts, or attachment would occur because the performance and standards required for the safety operation of a motor vehicle is changed

It is possible to predict whether a person who intends to have a motor vehicle tubes can have an impact on the safety operation of the motor vehicle through the tubes.