Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The Defendant is the owner of a fixed-line cargo vehicle C.

Where the Minister of Land, Infrastructure and Transport intends to change the structure and devices of a motor vehicle, he/she shall obtain approval from the competent authority.

Nevertheless, around July 29, 2014, the Defendant made the roof on the loading box of the above vehicle without obtaining the approval of the competent authority at the D Apartment parking lot in Gangdong-gu Seoul Metropolitan Government, and changed the goods loading system by attaching a steel structure that enables freight to be loaded on the roof.

Summary of Evidence

1. Partial statement of the defendant;

1. Some of the police interrogation protocol of the defendant;

1. Legal statement of witness E;

1. Photographs photographs of each vehicle;

1. Application of Acts and subordinate statutes to the statement of F;

1. Article 81 Subparag. 19 and Article 34 of the former Automobile Management Act (wholly amended by Act No. 12217, Jan. 7, 2014);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Although the gist of the assertion is the fact that the structure especially manufactured to appeal for the smoke of which the Defendant was detained was loaded in the cargo vehicle, the above structure was not fixed to the cargo vehicle by means of using V or melting, so such loading alone cannot be deemed to have changed the structure of the cargo loading system.

2. Determination

A. Article 34(1) of the former Automobile Management Act (wholly amended by Act No. 12217, Jan. 7, 2014; hereinafter “former Automobile Management Act”) provides that “Where the owner of a motor vehicle intends to modify any of the structures and devices of the motor vehicle prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, he/she shall obtain approval from the head of a Si/Gun/Gu.” The main sentence of Article 55(1) of the Enforcement Rule of the Motor Vehicle Management Act is among the structures and devices of the motor vehicle under