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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Criminal facts

When anyone intends to have a motor vehicle installed, he/she shall obtain approval from the head of the competent local government, and shall not operate a motor vehicle which has been installed without such approval.

1) 피고인은 2018. 8. 20.경 충주시 B에 있는 ‘C’에서 D 이-마이티 3.5톤 화물자동차의 적재함 덮개가 녹슬고 부식이 되어 납품하는 상품이 파손된다는 이유로 관할 자치단체장의 구조변경 승인을 받지 아니하고, 차량 좌ㆍ우측 적재함 덮개를 제거하는 방법으로 튜닝하였다. 2) 피고인은 위와 같이 불법 튜닝된 차량을 알면서도 2018. 9. 6. 10:05경 위 C에서 차량에 톤빽(큰 포대 자루)을 싣고 강릉시 남항진 앞 노상까지 약 220km 구간을 운행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Photographs of a vehicle registration certificate, and making an inquiry into the vehicle register;

1. The defendant alleged that he committed an act of crime in the judgment on the defendant's photograph of the exposed vehicle, but argued that he did not know that he had to obtain approval from the head of the competent local government under the Automobile Management Act.

Generally, the site of law does not hinder the establishment of a crime.

In addition, the reason alleged by the defendant alone does not know that his act was prohibited under the Automobile Management Act as above, and it is difficult to view that there is a justifiable reason under Article 16 of the Criminal Act.

Therefore, the defendant's above assertion is rejected.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Articles 81 subparagraph 19 and 34 (1) of the Automobile Management Act that choose a sentence, Articles 81 subparagraph 20 and 34 (1) of the Motor Vehicle Management Act, Articles 81 subparagraph 20 of the Motor Vehicle Management Act, and Article 34 (1) of the Motor Vehicle Management Act, and selection of fines;

1. Of concurrent crimes, the provision of the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment prescribed for a violation of the Automobile Management Act following the operation of a vehicle with heavy unapproved devices and alterations);

1. Articles 70(1) and 69(2)1 of the Criminal Act for the detention of a workhouse;