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(영문) 대법원 1986. 9. 9. 선고 86도1480 판결
[도로운송차량법위반][공1986.10.15.(786),1340]
Main Issues

Whether a light flag that partially remodeled Hands and loads constitutes a motor vehicle subject to registration under the Road Transport Vehicles Act.

Summary of Judgment

Generally, a light flag shall be considered as an agricultural machine as prescribed in Article 2 of the Agricultural Mechanization Promotion Act, and even if the part of the hand is changed into a iron plate for the operation of the ordinary light flag and the convenience of loading goods, the light flag shall not be subject to registration as prescribed in the Road Transport Vehicles Act, because the light flag is converted into a motor vehicle solely for the reason of such change.

[Reference Provisions]

Articles 3 and 4 of the Road Transport Vehicles Act

Escopics

Defendant

upper and high-ranking persons

Prosecutor

Judgment of the lower court

Cheongju District Court Decision 86No1 delivered on March 21, 1986

Text

The appeal is dismissed.

Reasons

We examine the prosecutor's grounds of appeal.

Examining the evidence duly examined and adopted by the court below in light of the records and records, the defendant recognized that the defendant is operating the light railer of this case, which had not been registered in the register of automobile in its original form, of which the part of the ordinary light railer was remodeled into the iron board for the convenience of driving and loading of goods, and that the light railer of this case falls under any one of the vehicles listed in the attached Table of Article 2 of the Enforcement Decree of the Road Transport Vehicles Act in accordance with Article 3 of the Road Transport Vehicles Act in order to be subject to registration under the Road Transport Vehicles Act in accordance with Article 2 of the Road Transport Vehicles Act. Such light railer of this case shall be deemed to fall under one of the vehicles listed in the attached Table of Article 2 of the Enforcement Decree of the Road Transport Vehicles Act, and it shall be deemed to fall under the agricultural machinery listed in Article 2 of the Agricultural Mechanization Promotion Act, and even if the light railer operated by the defendant was installed with some of the structure of remodeling and loading of the ordinary light railer of this case, its original reason alone shall not be included in the legal reasoning.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating judges.

Justices Osung-hwan (Presiding Justice)

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