The defendant shall be innocent.

1. Although the main registration of the facts charged is prohibited from using or operating construction machinery, the Defendant, at around 11:00 on January 15, 2015, fell short of the part of the part of the damaged vehicle Eknife vehicle driver’s seat of the Eknife vehicle parked in the factory, while using the above excavation equipment whose registration was cancelled in Gyeonggi-gun C on January 15, 2015.

2. Article 40 Subparag. 2 of the former Construction Machinery Management Act (amended by Act No. 13468, Aug. 11, 2015) provides that a person who uses or operates construction machinery, the registration of which was cancelled pursuant to Article 6 of the same Act, shall be punished by a fine not exceeding 20 million won. Article 4(1) of the same Act provides that “A construction machinery shall not be used or operated unless it is registered but shall not be operated temporarily on the grounds prescribed by Ordinance of Ministry of Land, Infrastructure and Transport prior to its registration.” Article 6(1)3 of the Enforcement Rule of the Construction Machinery Management Act delegated by the said Act (amended by Ordinance of the Ministry of National Land, Transport and Maritime Affairs No. 232, Sept. 25, 2015) provides that “Where a construction machinery is operated as its shipping site for export, it may be operated temporarily prior to its registration.”

As to whether the Defendant’s operation of the instant construction machinery constitutes the use of the construction machinery revoked under Article 40 subparag. 2 of the above Act, according to evidence duly adopted and examined by this court, the Defendant cancelled the registration of the instant construction machinery on January 14, 2015 on the ground of export on the instant construction machinery, and filed an export declaration on January 15, 2015. The Defendant operated the instant construction machinery in order to transport the instant construction machinery at the temporary location of the facts charged in the instant case, and the Defendant was obliged to transport the instant construction machinery on the date of the instant facts charged.