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(영문) 대구지방법원 2018.12.21 2018노2604
자동차관리법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. Progress of litigation;

A. The gist of the facts charged in the instant case shall not be known to be a motor vehicle, with the knowledge that the items provided by the Ordinance of the Ministry of Land, Infrastructure and Transport of the Republic of Korea, have been put into operation without obtaining approval from the head of

However, on May 15, 2015, from around 08:30 to around 08:40 on the same day, the Defendant operated a stacked vehicle by fixing the freezing tower of 16.5 meters in length on the back-to-date, and 2.5 meters in height of 2.5 meters on the back-to-date, at approximately 4km section from the 08:30 to the 08:40 on the same day.

B. The lower court found the Defendant not guilty on the facts charged of the instant case on the ground that “The Defendant’s act of fixing the freezing container of the instant case to aground is difficult to view it as an automobile’s tubes under the Automobile Management Act, and there is no other evidence to acknowledge it.”

(c)

Before remanding, the prosecutor filed an appeal on the ground that the lower court erred by misapprehending the legal principles or misunderstanding the misunderstanding.

2) Before remanding, the judgment of the court below that found the Defendant not guilty of the judgment below and sentenced the Defendant to a fine of one million won. The court below reversed the judgment below and sentenced the Defendant to a fine of one million won.

(d)

The judgment of the Supreme Court is reversed and remanded 1) The defendant is erroneous in the misapprehension of legal principles as to the interpretation of the error in the judgment of the court prior to remand and in the misapprehension of the principle of free evaluation of evidence as to the existence of the objective element of the facts charged in this case.

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