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(영문) 대구지방법원 2013.07.26 2011노3837
자동차관리법위반
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. The summary of the grounds for appeal is that the defendant only purchased and exported automobile parts which have been dismantled in the scrapping area, and has not dismantled the devices such as automobile engines, hand-Hands and dropes; and

2. Determination

A. The summary of the facts charged in the instant case is that the Defendant is engaged in trade of motor vehicles and motor vehicle parts with the trade name of D in Daegu-gun District Operations C.

No one shall dismantle devices prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs on a motor vehicle except for cases of maintenance and checkup.

Nevertheless, on March 30, 2010, the Defendant dismantled a motor vehicle without permission for four times from the above date to April 22, 2010, as shown in the list of crimes in the attached Table, at the Fransh located in Ulsan-gu E, Ulsan-gu, the Defendant: (a) caused G, an employee of the Defendant, to dismantle the engine, handbs, and typers purchased from the above scrapping area using the ice, spacks, aircomers, etc.; and (b) caused the Defendant to dismantle the motor vehicle without permission for four times from the above date to April 22, 2010.

B. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the evidence presented in its judgment.

C. 1) Interpretation of the Automobile Management Act (amended by Act No. 11,690, Mar. 23, 2013; hereinafter the same shall apply)

Article 35 of the Automobile Management Act stipulates, “No person shall dismantle the devices as determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs in a motor vehicle except in cases falling under any of the following subparagraphs,” and stipulates, “a person shall not dismantle the devices of the motor vehicle as determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs,” and Article 2 subparag. 5 of the Motor Vehicle Management Act defines, “a person shall dismantle, dismantle, or cut the motor vehicle so that it cannot maintain its performance, or compressing

On the other hand, according to the Automobile Management Act, the owner of the automobile is the head of local government.

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