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(영문) 울산지방법원 2013.12.27 2011노1139
자동차관리법위반
Text

The judgment of the court below is reversed.

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. In light of the summary of the grounds for appeal (fact-finding) in conducting the motor vehicle inspection, it may be the cause of removing soil or maths from the accelerators, but it may cause such phenomenon as a decline in the engine output of the motor vehicle itself, and the professional examiner's statement, the inspection 2 and 3 Mods, or the fact-finding inquiry inquiry, which may arise from various causes, such as the motor vehicle engine, may not be recognized by the evidence submitted by the prosecutor, even though it is insufficient to find the fact that the defendants illegally carried out the motor vehicle inspection by the method of removing the engine from the accelerators, the court below convicted him of the facts charged in this case. The judgment of the court below erred by misapprehending the facts, which affected the conclusion of the judgment.

In addition, Defendant A was unaware of the circumstances such as the inspector AE’s improper inspection, and Defendant AE’s statement that the fact of improper inspection was entered into with the Defendant is intended to transfer the Defendant’s responsibility to the Defendant, and is contrary to AH’s statement and difficult to credibility, but the lower court found Defendant A guilty of the facts charged in this case. In so doing, it erred by misapprehending the facts and affecting the conclusion of the judgment

2. Summary of the facts charged in this case

A. Defendant B is the Director of the Inspection and Inspection of the Motor Vehicle Maintenance Industry, a designated entity for comprehensive motor vehicle inspection.

On June 3, 2009, the Defendant’s employees engaged in a designated maintenance business operator for comprehensive inspections conducted a close inspection of exhaust gases in the M&A N located in Ulsan-gu, Ulsan-gu, and the Defendant’s employees should, when conducting a close inspection of exhaust gases during the comprehensive inspection of a motor vehicle, undergo the close inspection to maintain the maximum output of the relevant motor vehicle and inspect whether the exhaust gas of the relevant motor vehicle is met. However, while conducting the close inspection of exhaust gas, the Defendant’s employees are 2 and 3 parts of the inspection while conducting

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