Whether a portable toiletr constitutes a “motor vehicle” under the Motor Vehicle Management Act as a portable motor vehicle (affirmative)

In full view of the language, structure, and purport of “detailed standards by type” under Article 2 subparag. 1 and Article 3(1) and (3) of the Automobile Management Act, Article 2 of the Enforcement Decree of the Automobile Management Act, and Article 2 of the former Enforcement Rule of the Automobile Management Act (amended by Ordinance of the Ministry of Land, Infrastructure and Transport No. 121, Aug. 18, 2014), the term “detailed standards by type” under [Attachment 1] of the former Enforcement Rule of the Automobile Management Act (amended by Ordinance of the Ministry of Land, Infrastructure and Transport No. 1), is manufactured for the purpose of movement of land by loading a mobile toilet, barring special circumstances, it constitutes an instrument manufactured for the purpose of movement of land by towing an instrument manufactured for the purpose of movement of land by an engine

The need to meet the performance and standards necessary for the safe operation of motor vehicles as prescribed by the Automobile Management Act and the Motor Vehicle Safety Standards Regulations for the structure, devices, parts, etc. of portable toilets, which are scheduled to move on land after being towed to the motor vehicle, shall not be different from the other towed motor vehicles.

Therefore, the operation of mobile toilets which are not registered in the register of automobiles constitutes the operation of automobiles without registration in violation of Article 5 of the Automobile Management Act.

Articles 1, 2 subparag. 1, 3(1) and (3), 5, and 29(1) and (2) of the Automobile Management Act; Article 80 subparag. 1 of the former Automobile Management Act (Amended by Act No. 13686, Dec. 29, 2015); Article 2 [Attachment 1] of the former Enforcement Rule of the Automobile Management Act (Amended by Ordinance of the Ministry of Land, Infrastructure and Transport No. 121, Aug. 18, 2014); Article 3 of the Rules on Motor Vehicle Safety Standards

Defendant 1 and one other

Defendants

Suwon District Court Decision 2014No1174 decided October 24, 2014

All appeals are dismissed.

The grounds of appeal are examined.

1. Article 2 Subparag. 1 of the Automobile Management Act provides that “The term “motor vehicle means an instrument manufactured for the purpose of movement on land by an engine, or an instrument manufactured for the purpose of movement on land by being towed (hereinafter referred to as “motor vehicle”) except for those prescribed by Presidential Decree.” Article 2 of the Enforcement Decree of the Automobile Management Act provides that “construction machinery under the Construction Machinery Management Act (Article 1), agricultural machinery under the Agricultural Mechanization Promotion Act (Article 2 Subparag. 1), vehicles under the Act on the Management of Military Supplies (Article 3), vehicles operated by tracks or by aerial lines (Article 4), medical appliances (Article 5) under the Medical Devices Act (Article 2 of the Enforcement Decree of the Automobile Management Act), and does not provide for portable toilets.

Furthermore, Article 3(1) of the Automobile Management Act provides that “A special motor vehicle shall be towed by another motor vehicle, or manufactured suitable for conducting salvage operations or special operations, and Article 3(3) of the same Act provides that the types of motor vehicles under paragraph (1) may be subdivided as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. Accordingly, in relation to Article 2 of the former Enforcement Rule of the Motor Vehicle Management Act (amended by Ordinance of the Ministry of Land, Infrastructure and Transport No. 121, Aug. 18, 2014), “The detailed criteria for each type of motor vehicle” is classified as “the structure for exclusive use of towing by a dog: towing by a dog”, “the structure for salvage operation of a motor vehicle difficult to be operated due to a breakdown or accident, etc.” and “the special type of motor vehicle for special operations not belonging to any of the above punishment”.

In full view of the language, structure, purport, etc. of the aforementioned provisions of the Automobile Management Act, it shall be deemed that a portable toilet is manufactured for the purpose of moving on land by filling in the portable toilet, and barring any special circumstance, an instrument manufactured for the purpose of moving on land by being towed by a motor and manufactured for the purpose of moving on land, i.e., a towed automobile, which is an automobile under the Automobile Management Act.

This legal doctrine is also reasonable in light of the fact that it is necessary to secure performance and safety under the Automobile Management Act with respect to mobile toilets. That is, Article 1 of the Automobile Management Act provides, “The purpose of this Act is to efficiently manage motor vehicles by prescribing matters concerning the registration, safety standards, self-certification, correction of manufacturing defects, inspection, maintenance, inspection, and motor vehicle management business, etc., and thereby to promote public welfare by securing performance and safety of motor vehicles,” and Article 29(1) and (2) provides, “motor vehicles shall not be operated unless their structures and devices prescribed by Presidential Decree fail to meet the performance and standards necessary for safe operation. Parts, devices, or protection equipment prescribed by Presidential Decree as installed or used in a motor vehicle shall meet the performance and standards necessary for safe operation.” Accordingly, the Rules on Motor Vehicle Safety Standards, such as the structure and devices of a motor vehicle, provide that “the structure and devices of a motor vehicle shall be manufactured or maintained so as to ensure safe operation,” and most of them are prescribed in Articles 4 through 58 of the Motor Vehicle Management Act as detailed and detailed criteria for safe operation.

Therefore, the operation of mobile toilets which are not registered in the register of automobiles constitutes the operation of automobiles without registration in violation of Article 5 of the Automobile Management Act.

2. The lower court found the Defendant guilty of all the charges of this case on the ground that the instant portable toilets fall under a motor vehicle under the Automobile Management Act and operated only with the registration required. Examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the duly admitted evidence, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the recognition of intention or illegality, etc., as alleged in the grounds of appeal.

3. According to Article 383 subparag. 4 of the Criminal Procedure Act, an appeal may be filed on the ground of unfair sentencing only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed. Therefore, in this case where a more minor sentence has been imposed against the Defendants, the allegation that the sentencing of a sentence

4. The Defendants’ appeals are all dismissed as they are without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Park Poe-young (Presiding Justice)