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(영문) 울산지방법원 2020.08.21 2020고정316
자동차관리법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is the owner of 1 ton cargo vehicle B.

When any person intends to conduct the tubes for the items prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, he/she shall obtain approval from the head of the relevant Si/Gun/Gu, and shall not operate the tubes knowing that they are the motor vehicles which have been

1. On March 2019, the Defendant, without obtaining the approval of the competent authority on March 3, 2019, installed a type of live-transport water and a oxygen supply device in the D fishing place located in Ulsan-gu C, U.S., which is the cargo loading device of the said cargo vehicle, and installed the said vehicle in such a way as to load and fix the said vehicle.

2. The Defendant, without obtaining the approval of the competent authority from March 2019 to October 201 of the same year, operated the installed truck in Ulsan, as described in the preceding paragraph.

Summary of Evidence

1. Partial statement of the defendant;

1. Data concerning tea (B) and perusal of the register of motor vehicles;

1. A criminal investigation report (with regard to circumstances leading to the enemy's actions);

1. In order to constitute an investigative report (control without seal and vehicle photographs) which requires approval under the Automobile Management Act, it is necessary to leave whether the defendant's act constitutes an addition of affixed objects and to change part of the structure and devices of the motor vehicle due to such act.

(see Supreme Court Decision 2017Do1589, Jul. 12, 2018). According to each of the above evidence, including the Defendant’s statement at this court, etc., the Defendant may recognize the fact that the Defendant, except when conducting a regular car inspection, was operating a cargo vehicle, which is determined to be operated for the purpose of active fish transport by installing a capable and oxygen supply device on the bottom of the freight vehicle as indicated in the judgment.

As such, if the Defendant continued to operate the freight vehicle in its condition, except when a regular automobile inspection is conducted since the freight vehicle was loaded with a live fish transport water and a oxygen supply device from March 2019, the freight vehicle in its holding is a capable of live fish transport and a oxygen supply device.

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