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(영문) 청주지방법원 충주지원 2019.01.23 2018고정187
자동차관리법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

When anyone intends to have a motor vehicle installed, he/she shall obtain approval from the head of the Si/Gun/Gu, and shall not operate a motor vehicle which has been installed without obtaining approval.

Nevertheless, the facts charged by the Defendant without obtaining the approval of C at the office of B and the Defendant in the middle of January 2018 are stated as the owner of the relevant vehicle. However, according to the following inquiry (in the face of 14 pages), the owner of the relevant vehicle is D and the Defendant stated as the actual owner at the time of the police investigation. However, it is only recognized that the Defendant stated as the actual owner.

However, Article 34 of the Motor Vehicle Management Act shall obtain approval from the head of a Si/Gun/Gu in order to modify the structure and devices of a motor vehicle as determined by Ordinance of the Ministry of Land, Infrastructure and Transport. However, it shall be interpreted that the approval should be applied to the owner of the relevant motor vehicle. Therefore, even if the owner of a motor vehicle is not the owner of the motor vehicle, it is reasonable to view that a person who changes the structure and devices of a motor vehicle determined by Ordinance of the Ministry of Land, Infrastructure and Transport without approval from the head of a Si/Gun/Gu may be punished pursuant to Article 81 subparagraph 19 or 34 of the Act (see Supreme Court

EFcar trucks, in order to eliminate even parts after the loading apparatus, install two boards on the spot to arbitrarily change the loading apparatus, and operate the FFcar trucks as above at the point of 327 KK located on the 17:00 on June 22, 2018, which was tubesd without the above approval at the point of 327 KK located on the efcar truck.

Summary of Evidence

1. Defendant's legal statement;

1. A report on internal investigation (a statement by the Korea Traffic Safety Authority as an inspector);

1. Investigation report (Attachment of a copy of a motor vehicle registration certificate);

1. On-site photographs Defendant acknowledged that he/she committed acts as stated in its reasoning, but it is so-called “ste bargaining.”

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