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(영문) 서울남부지방법원 2014.01.17 2013고정3357
자동차관리법위반
Text

The defendant shall be innocent.

Reasons

1. The Defendant is the owner of B galloned vehicle.

The Defendant appears to have written indictment in Yeongdeungpo-gu Seoul Metropolitan Government at the time when June 27, 2013 is unknown without obtaining approval from the head of the competent Gu, and the “E” written indictment appears to be a clerical error.

D The structure of the vehicle was modified by removing the partition wall of the above vehicle from the front road.

2. The prosecutor asks for the application of Article 81 subparagraph 19 and Article 34 of the Automobile Management Act to the above charged facts.

The provisions of the laws and regulations related to the instant case are as shown in the separate sheet, and it is not clear to what structure and devices the above facts charged are changed, but it appears to the purport that the act constitutes a change in the "onboard vehicle and goods loading device (Article 8 (2) 10 of the Enforcement Decree of the Automobile Management Act)".

The fact that the defendant was removed at the time for cleaning the iron bars and steel plates corresponding to the shooting wall of the above B gallon at the time of the above time in order to clean the vehicle inside.

However, according to the records, the above B gallon bomom vehicles are as follows: (a) the distinction between the driver's seat and the cargo loading space between the chief of the 2001 and the subsequent cargo loading space is made up of the iron bars and the iron plates; (b) the above iron bars and the iron plates are actually made easy to escape; and (c) the above vehicles are in the modern Automobile Office Services Center confirm that they are in the condition at the time of their shipment and there is no alteration.

Meanwhile, in light of the purport of the above-mentioned relevant statutes, “changes” of structures and devices is premised on the fact that at least such changes continue for at least a certain period of time.

Therefore, there is no circumstance that the defendant continued to maintain or use the above vehicle while removing the above iron bars and steel plates.

Of course, even if the above circumstances are recognized, it is still recognized that there was a change in the structure and devices of the motor vehicle.

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