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Main Issues
Scope of the Road Traffic Act as provided in Article 108 of the Road Traffic Act
Summary of Judgment
Of the other property provided by Article 108 of the Road Traffic Act, the vehicle itself provided as a means or instrument of crime shall not be included.
[Reference Provisions]
Article 108 of the Road Traffic Act
Escopics
Defendant
upper and high-ranking persons
Prosecutor
Judgment of the lower court
Suwon District Court Decision 85No1196 delivered on February 6, 1986
Text
The appeal is dismissed.
Reasons
We examine the grounds of appeal.
Of other property laws, the vehicle itself provided as a means of crime or instrument under Article 108 of the Road Traffic Act should not be included.
This is because the purpose of the legislation is to protect the property of a third party who is not related to the operation of a vehicle in accordance with the purpose of the legislation.
In the same purport, the court below ruled that the stolen vehicle itself does not constitute an element of Article 15 of the Act, and subsequently rendered a verdict of innocence to the defendant. There is no error in the misapprehension of legal principles, such as theory of lawsuit.
The issue is groundless.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating judges.
Justices Lee Byung-su (Presiding Justice)