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(영문) 광주지방법원 2015.12.09 2014고단3950
자동차관리법위반
Text

The Defendant is not guilty. The summary of the judgment of this case is publicly notified.

Reasons

1. The summary of the facts charged is that the Defendant, without the approval of the competent authority at a motor vehicle maintenance business establishment located in the Dong-gu in Gwangju-gu, Gwangju-gu, he/she, sent the tubes to adjust the output of each motor vehicle engine by linking the e-mail (ECU) by connecting the e-mail (ECU) to the motor vehicle’s electric control system installed inside the vehicle at the lowest stude vehicle on June 12, 2014, Furf vehicle on June 25, 2014, Furf vehicle on June 25, 2014, and e-mail installed inside the vehicle at the high stude vehicle on July 2, 2014

2. The electronic control system, in which the defendant had tubesd, is an electrical electronic device as defined in Article 8(2)7 of the Enforcement Decree of the same Act.

However, Article 55 (1) of the Enforcement Rule of the Motor Vehicle Management Act, which stipulates that when intending to have a electrical electronic device installed by delegation of Article 34 (1) of the Motor Vehicle Management Act, it shall be subject to the approval of the competent authorities, does not include the electrical electronic device in those subject to the approval of the competent authorities.

(2) Article 58(2) of the Criminal Procedure Act provides that “If the Enforcement Decree of the Automobile Management Act lists electric devices as one of the motor vehicles devices, it shall not be deemed a part of the device that controls the operation conditions of other devices.” Thus, this part of the facts charged falls under a case where there is no proof of a crime, it shall be deemed that the Defendant is acquitted pursuant to the latter part of Article 325 of the Criminal Procedure Act, and the summary of the judgment of this case shall be published in accordance with Article 58(2)

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