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(영문) 부산지방법원 서부지원 2018.06.22 2017고정293
주차장법위반
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged is a person who serves as a manager of C in Seo-gu, Busan.

In the parking lot of the above building, there are mechanical parking lots where 56 vehicles can park.

When at least 20 mechanical parking lots are installed in the number of motor vehicles, the manager of a mechanical parking lot, etc. shall, for the safety of parking lot users, appoint a person who has received education for mechanical parking lot managers (four-hour), conducted by the Korea Transportation Safety Authority established pursuant to the Korea Transportation Safety Authority Act, as a mechanical parking lot manager.

Nevertheless, from April 10, 2017 to April 12, 2017, the Defendant placed D (39 years, south) not receiving education on mechanical parking lot administrators conducted by the Korea Transportation Safety Authority as mechanical parking lot managers.

2. As to whether the Defendant is a manager of the instant mechanical parking lot, there is insufficient evidence to acknowledge it, and there is no other evidence, and instead, in light of the following facts acknowledged by the E’s legal statement and the evidence submitted by the Defendant, the manager of the instant mechanical parking lot appears to F. As such, the instant charges against the Defendant constitute a case where there is no proof of crime, and thus, the Defendant is acquitted by the latter part of Article 325 of the Criminal Procedure Act, and the summary of the judgment is publicly announced in accordance with the main sentence of Article 58(2) of the Criminal Act.

-C is a management unit as an aggregate building with not less than 10 sectional owners (hereinafter referred to as “instant management unit”), and the Defendant is a person appointed as the head of the management unit by the instant management unit.

- The F is the former representative of the instant management group, which seems to have been operating the C parking lot in the capacity of an individual rather than the latter as the latter representative (it is not clear which agreement has been concluded between the instant management group and F, but the revenues from the operation of the instant parking lot.

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