The judgment below is reversed, and the case is remanded to the Seoul Central District Court.

The grounds of appeal are examined.

1. Of the facts charged in the instant case, the Defendant, without obtaining approval from the competent authority on November 2014, set up a auxiliary brake to the head of his/her passenger vehicle operation, thereby altering the structure of the motor vehicle, and thereafter operating a motor vehicle, the structure of which has been changed until March 11, 2015.

2. Based on its stated reasoning, the lower court upheld the first instance judgment that found the Defendant guilty of this part of the facts charged.

However, it is difficult to accept such judgment of the court below for the following reasons.

A. Article 34(1) of the former Automobile Management Act (amended by Act No. 12217, Jan. 7, 2014; hereinafter “Motor Vehicle Management Act”) provides for matters necessary for the procedures, etc. for approval as prescribed by Ordinance of the Ministry of Construction and Transportation in cases where the owner of the relevant motor vehicle intends to modify matters prescribed by Ordinance of the Ministry of Construction and Transportation among the structural devices of the motor vehicle: (a) the owner of the relevant motor vehicle obtains approval from the head of the Si/Gun/Gu; and (b)

Accordingly, Article 55(1)2 of the former Enforcement Rule of the Motor Vehicle Management Act (amended by Ordinance of the Ministry of Construction and Transportation No. 172, Dec. 31, 2014; hereinafter “Enforcement Rule”) and Article 8(2)5 of the former Enforcement Decree of the Motor Vehicle Management Act (amended by Presidential Decree No. 26588, Oct. 13, 2015) provide that the subject of approval to change the operation equipment of motor vehicles shall be subject to approval to change the operation equipment of motor vehicles. The proviso of Article 55(1) of the Enforcement Rule excludes minor structural devices determined and publicly announced by the Minister of Construction and Transportation, such as change of external appearance of a person who commits a crime.

In addition, Article 4 of the former Regulations on the Change of Motor Vehicle Structure (amended by the Regulations on the Trackinging of Motor Vehicles, Act No. 2016-209, Apr. 18, 2016; hereinafter “instant Notice”) [Attachment 1] provides that the “Support Trac c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c