The defendant shall be innocent.

1. The summary of the facts charged is the driver of the freight vehicle, and the driver of the CBE6X2 Track freight vehicle owned by the Company B. A.

No one who violates the Automobile Management Act may dismantle the maximum speed limit system without permission except as provided by relevant Acts and subordinate statutes.

Nevertheless, on December 2014, the Defendant paid 300,000 won in cash to a person who is unable to know his/her name at the E parking lot located in Haman-si D, Haman-si, and removed the maximum speed set by Cbeco6X2, which is owned by the Company B from 90 km/h to 120 km.

(b) No person who violates the Road Traffic Act shall drive any motor vehicle that has not maintained devices provided for in the Automobile Management Act, etc.;

Nevertheless, the Defendant dismantled the highest speed restriction device of the vehicle at the time and place specified in paragraph (1) and operated approximately 200 km daily from around that time to December 23, 2016.

2. Determination

A. The establishment and punishment of the relevant legal doctrine is governed by the law at the time of the act.

(Article 1 (1) of the Criminal Act). In addition, the interpretation of the penal law should be strict, and it is not permitted in the principle of no punishment without law to excessively expand or interpret the meaning of the express provision in the direction unfavorable to the defendant.

B. As to the violation of the Automobile Management Act among the facts charged in the instant case, a person who falls under any of the following subparagraphs under Articles 79 and 5-2 of the Automobile Management Act (Penal Provisions) stated in the indictment as applicable provisions of the said Act shall be punished by imprisonment with prison labor for not more than three years or by a fine not exceeding 30 million won. 5-2.

(c) Violation of the Road Traffic Act: Provided, That this shall not apply;