In a case where the Defendant was indicted for violating the Automobile Management Act by putting a vehicle in a camping room (one-scambus) where he/she loaded the cargo vehicle he/she owns without the approval of the competent authority by attaching “one-scambus residential space for camping, etc.” (one-scambus), the case convicting the Defendant on the ground that the installation of the above campus constitutes a “motor vehicle scaming” because it was changed the structure and cargo loading device by adding attached goods to the motor vehicle, and furthermore, it is difficult to view the Defendant’s act as an error of law under Article

The Defendant was prosecuted for violating the Motor Vehicle Management Act on the ground that he/she installed a vehicle without obtaining the approval of the competent authority by attaching a “house for camping and cooking, etc.” (hereinafter referred to as “camper”) within the vehicle when he/she loaded the 1st truck (5,825m in length, 1,740m in width, 1,970m in height, 3,350m in total weight, 6 passenger capacity, 1,000 m in maximum capacity; hereinafter referred to as “cargo”).

Camps are manufactured to move a cargo vehicle to its entirety up to the loading of the cargo vehicle. In light of the fact that the vehicle is equipped with simple erosion and cooking facilities, etc., it is possible to fix a fixed device installed on the 4th surface of the camping to the cargo vehicle by connecting or separating it from the vehicle, and it is difficult to separate the Defendant from the vehicle to use the camping at a higher level than the loading of the vehicle, and the Defendant’s act of installing a cambling or manual support unit installed in the camping at a higher level than the loading of the vehicle. It is necessary to separate the vehicle from the cambling point of view that the cambling of the cambling of the vehicle can not be seen as using the cambling of the vehicle. However, it is difficult to use the cambling method for the vehicle to use the cambling method for the vehicle to use the cambling method separately from the vehicle to use the cambling method or the vehicle to use the cambling method.

Article 29(3) of the former Automobile Management Act (Amended by Act No. 16564, Aug. 27, 2019); Articles 2 subparag. 11, 34(1) and (3), and 81 subparag. 19 of the Automobile Management Act; Article 8 of the Enforcement Decree of the Automobile Management Act; Article 5 of the Enforcement Rule of the former Automobile Management Act (Amended by Act No. 387, Jan. 6, 2017); Article 16 of the Criminal Act

Defendant

Silver et al.

Attorney Jeong-hee

Defendant shall be punished by a fine of KRW 500,000.

When the defendant fails to pay the above fine, the defendant shall be confined in the old house for the period calculated by converting 100,000 won into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Where an owner of a motor vehicle intends to have a motor vehicle installed for the items prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, he/she shall obtain approval from

The Defendant (vehicle number omitted) was the owner of the 1t cargo vehicle in the Republic of Korea, and was attached to the above cargo vehicle at the ○○○ Camping car located at the ○○○○ on July 19, 2016, where he had a safe-to-face (location omitted) with the Nonindicted Party, who is a motor vehicle manufacturer, to have a residential space for camping (one-to-one camping machine) in which he can be caught, cooked, etc. within the vehicle.

1. Partial statement of the defendant;

1. Investigation report (a copy of case records attached);

1. Automobile registration certificate;

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 81 subparag. 19 and 34(1) of the Automobile Management Act (Selection of Fine)

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

1. Summary of the assertion

The attachment of the truck camp (hereinafter referred to as the “instant camp”) to the freight truck vehicle in the judgment (hereinafter referred to as the “instant truck vehicle”) is the same as the cargo loaded, and it cannot be deemed that it changed or attached the goods loading device, and thus, it does not constitute the “motor vehicle tank” as prescribed by the Motor Vehicle Management Act, and even if it falls under a motor vehicle tank, even if it was possible for the Defendant to purchase it, there was no perception of illegality.

2. Determination

A. Article 2(11) of the Motor Vehicle Management Act provides for “the alteration of part of the structure and apparatus of a motor vehicle or the addition of an attachment to a motor vehicle” as “the alteration of the structure and apparatus of a motor vehicle, or the addition of an attachment to a motor vehicle.” Article 8(2) of the Enforcement Decree of the same Act and Article 55(3) of the Enforcement Rule of the same Act provides for the alteration of the structure and apparatus requiring approval, such as length, height, total weight,

Therefore, it is necessary to change the part which constitutes a motor vehicle at the time of the manufacture of the motor vehicle, or the part of the machinery, tools, equipment, etc. which constitutes a motor vehicle, which is different from the original shape, or to attach the object which was not a fixed part of a motor vehicle (see, e.g., Constitutional Court en banc Decision 2017Hun-Ga23, Nov. 28, 2019) and to attach the structure and equipment of the motor vehicle later due to the act of the defendant attached thereto (see Supreme Court Decision 2017Do1589, Jul. 12, 2018).

B. First, according to the records of this case, the cargo vehicle of this case is a cargo vehicle with a length of 5,825m, width of 1,740m, height of 1,970m, total weight of 3,350m, maximum capacity of 6 passengers, maximum loading capacity of 1,00km, and the camp of this case is manufactured so that it can be loaded up to the loading on the cargo vehicle's boarding space, as follows. The camp of this case is equipped with simple erosion and cooking facilities, and it is possible to fix the camp to the cargo vehicle by connecting or separating it from the cargo vehicle. Although it is possible to set up a fixed device (group) attached to the camp of this case's 4 pages of the camp of this case's camp of this case's camp of this case's 1,970m, height of 1,350m, passenger vehicle of this case, and the cargo vehicle of this case can be loaded up to the train of this case's 1,000 m.

A person shall be appointed.

(C) The Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant

C. However, the following circumstances revealed through the above facts and records, i.e., (1) it appears that only a specific type of cargo vehicle can be installed and used in accordance with the body of the truck vehicle of this case. (2) Since the camp of this case is installed after or from the entrance to the camp of this case, people can enter or leave the camp of this case; (3) it is likely to increase the capacity of passengers or maximum discretion to load the truck of this case; (4) it is necessary to separate and separate the truck of this case from the truck of this case from the truck of this case for the purpose of safety standards of the vehicle of this case, see the following circumstances: (1) it is possible to separately use the truck of this case from the truck of this case; (2) it is also possible to separate the truck of this case from the truck of this case from the truck of this case; (3) it is also possible to use the truck of this case for the vehicle of this case for the purpose of safety and clearance of the vehicle of this case for separate installation of the truck of this case to the truck of this case.

D. Furthermore, considering the external form, installation, and separation process of the instant campus, the original purpose of the instant cargo vehicle, the purpose of the attachment of the instant campus, and the degree of difficulty in perception of the difference, it is difficult to view that the Defendant’s act constitutes a mistake in law under Article 16 of the Criminal Act, since it is difficult to deem that the Defendant’s act constitutes a mistake in law, inasmuch as it is difficult to deem that the Defendant’s act constitutes a mistake in law under Article 16.

E. Therefore, the above argument by the defendant and his defense counsel cannot be accepted.

Judges Dom Line

1) Article 29(3) of the Automobile Management Act provides for the standards for storage facilities of liquefied petroleum gas, gas facilities, pipes and other facilities for use, electric installations installed for cooking and camping in a camping motor vehicle. The Ministry of Land, Infrastructure and Transport and the Korea Transportation Safety Authority, and the Rules on the Rules on the Rules on the Tracking of Motor Vehicles provide that a motor vehicle shall be installed with a camping device in a situation where it can be seen back to the screen room, and that the installation of a bend and ventilation system shall meet certain standards (see e.g., attached copies of investigation reports (case No. 8)).

2) In addition, since the instant amendment and enforcement of the provisions on the Piping of a motor vehicle, the instant provisions were amended and enforced. Under the premise that the separate type of attached articles installed in the cargo loading device of a truck for outdoor camping, such as the instant campingus, are fixed to the cargo vehicle and used in the cargo vehicle, the standards for the fixing of the campingus are set and the duty to submit the test report for the purpose of verifying safety (see Articles 5 and 2, 5 [Attachment 2].