2018 pursuant to the Motor Vehicle Management Act, 60

Deging (aging) South 81. Symar

Residential Ulsan

In case of change of position (prosecution), Kim U.S. (Trial)

Attorney Jeong-ok*

June 11, 2020

Defendant B shall be punished by a fine of 500,000 won. If the Defendant does not pay the said fine, the Defendant shall be confined to the head of the Nowon-gu for the period converted by B/10,000 won into one day.

To issue an order to pay an amount equivalent to the above fine.

범죄 사실자동차 소유자 는국토교통부령으로 정하는 항목에 대하여 차량을 튜닝하려는 경우 에는 시장 · 군수 · 구청장의 승인을 받아야 한다. 피고인 은 ## @ #### 한국쓰리 축롱바디 1톤 화물차의 소유자로서 울주군수 의 승인을 받지 아니하고 2016.07. 19.경 안성시 ○○면 ○○로 00에 있는 ◎◎캠핑카에서, 자동차 제작 업자 인권제작(가명)을 통하여 차량 내에서 취침 및 취사 등 이 가능한 야영 캠핑 용 주거 공간 (일명 '캠퍼')을 위 화물차 적재함에 부착하였다. 증거 의 요지 ( 생략 )

Application of Acts and Subordinate Statutes

1. Relevant legal provisions and selection of punishment on the facts of crime;

Articles 81 subparag. 19 and 34(1) of the Automobile Management Act (Selection of Fine)

1. Invitation in a workhouse;

Articles 70(1) and 69(2)1 of the Criminal Act; Article 334(1) of the Criminal Procedure Act;

Judgment on Defendant and Defense Counsel’s argument

1. Summary of the assertion

The attachment of the truck camp (hereinafter referred to as the "camper") to the cargo vehicle in the judgment (hereinafter referred to as the "motor vehicle in this case") is the same as the cargo loaded with the cargo, and it cannot be deemed that it changed or attached the cargo loading device, and therefore, it does not fall under the "motor vehicle crinking" as prescribed by the Motor Vehicle Management Act, and even if the motor vehicle crinking constitutes a motor vehicle, even if it was purchased by the defendant, there was no awareness of illegality.

2. Determination

A. Article 2(11) of the Motor Vehicle Management Act provides that "the alteration of part of the structure and apparatus of a motor vehicle or the addition of affixed articles to a motor vehicle" shall be construed as "the alteration of the structure and apparatus of a motor vehicle" and Article 8(motor vehicle structure and apparatus) of the Enforcement Decree of the same Act and Article 55(Criteria for Approval of Tank) of the Enforcement Rule of the same Act provide that the alteration of the structure and apparatus required for approval, such as length, height, total weight, etc., shall be made in detail.

Therefore, it is necessary to change the part which constitutes a motor vehicle at the time of the manufacture of the motor vehicle, or the part of the machinery, tools, equipment, etc. which constitutes the function of the motor vehicle, from the original shape at the time of the manufacture of the motor vehicle, or attach the article later, which was not a fixed part of the motor vehicle (see Supreme Court Decision 2017Hun-Ga23, Nov. 28, 2019), and to require the partial alteration of the structure and devices of the motor vehicle due to the Defendant’s attachment (see Supreme Court Decision 2017Do1589, Jul. 12, 2018).

B. First, according to the records of this case, the cargo vehicle of this case is a cargo vehicle with a length of 5,825m, 1,740m, height of 1,970m, 3,350m, 6 seating capacity, maximum loading capacity of 1,00m, and 1,000m load capacity. The camp of this case is manufactured so that it can be loaded up to the time of loading on the cargo vehicle's boarding space, as follows. The camp of this case is installed with simple erosion and cooking facilities, etc. inside the camp of this case. A fixed device attached to the camp of this case's 4 pages can be connected or separated from the cargo vehicle, which can be attached to the camp of this case's 1,740mm, 1,970m, 3,350m, 6 passenger capacity, and 1,000m load of this case's cargo vehicle. The cargo vehicle of this case can be separated from the cargo vehicle of this case or the cargo vehicle of this case.

C. However, the following circumstances revealed by the above facts and records: ① the instant camping appears to have been manufactured in line with the body of the instant truck and to be able to use only a specific type of truck. ② The instant camping is a photograph of cutting down reference materials submitted after the closure of the pleadings, which is the same as the instant camping. The left photographer was fixed in loading the cargo, and the installation of the instant camping is likely to have increased its maximum loading capacity or to have increased its capacity for the cargo 20 vehicles. It is also possible to separate or separate the instant camping from the instant truck’s installation of a new cargo stop for the purpose of safety and transportation of the instant vehicle. It is also possible to separate or separate the instant camping from the instant truck’s installation of a new cargo stop for the purpose of safety and transportation of the instant vehicle. It is also possible to establish the instant camping from the point of view of safety and transportation of the instant vehicle from the 6th vehicle to the point of view of safety and transportation of the instant vehicle.

D. Furthermore, considering the external form, installation, and separation process of the instant campus, the original purpose of the instant cargo vehicle, the use of the instant cargo vehicle to be changed by the attachment of the instant campus, and the degree of difficulty in perception of the difference, it is difficult to see that the Defendant’s act constitutes a mistake in law under Article 16 of the Criminal Act, since it is difficult to see that the Defendant’s act constitutes a mistake in law, in the end, it is difficult to deem that the Defendant’s act constitutes a mistake in law under Article 16 of the Criminal Act.

E. Therefore, the above argument by the defendant and his defense counsel cannot be accepted.

Judges Dom Line

1) Article 29(3) of the Automobile Management Act provides that facilities for the storage of liquefied petroleum gas, gas facilities, vessels installed for cooking and camping in a camping motor vehicle;

The standards for the government-owned facilities, other facilities, and electrical facilities are prescribed, and the detailed rules for the operation of the Ministry of Land, Infrastructure and Transport and the Korea Traffic Safety Authority shall be prescribed.

Do Camping vehicles shall be equipped with camping devices to ensure the rear view of the vehicle room in a state where camping devices are installed, and certain areas shall also be installed in a place of bed and ventilation devices.

The criteria are provided to satisfy the standards (referring to the 8 investigation report (in addition to a copy of case records) of the list of evidence.

2) In addition, after the instant case, the provisions on motor vehicle tubes were amended and implemented, and in order to use them for camping outside the camping, such as the instant campus.

The type of goods installed in the cargo loading system of the water vehicles shall be fixed to the cargo vehicle and used under the title of the Piping.

The criteria for this issue are set and the obligation to submit a test report was imposed (Article 5 and attached Table 2 Reference).