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(영문) 창원지방법원 2013.06.21 2012노2535
자동차관리법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. In full view of the evidence presented by the prosecutor in the gist of the grounds for appeal, it can be recognized that the defendant was aware that the vehicle of the defendant was remodeled differently from the changed one.

Nevertheless, since the court below acquitted the charged facts of this case, it erred by misapprehending the facts and affecting the conclusion of the judgment.

2. Ex officio determination

A. Before the prosecutor’s judgment on the grounds for appeal, the prosecutor ex officio examined “Article 81 subparag. 19 and Article 34 of the Automobile Management Act” applicable mutatis mutandis in the trial of the case, “Article 81 subparag. 20 and Article 34(1) of the Automobile Management Act,” and applied for amendments to the indictment with the description of “the charges modified” as stated in the column of “the charges modified,” and the judgment of the court below is no longer maintained as the case was modified by this court’s permission.

B. Around February 22, 2012, the Defendant, with knowledge of the fact that the noise prevention device of C Typtop sp racks car (hereinafter “instant car”) was installed on the road in front of 1083-6, 1083-6, Dong-dong, Chungcheongnam-si, Kim Jong-si (hereinafter “instant car”), was installed to stick out more than the normal conditions without obtaining approval from the competent authority.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) and (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.

[Discied Judgment] Criminal facts acknowledged by this Court are as stated in Paragraph 2(b) above.

Summary of Evidence

1. Partial statement in the original judgment and the trial court of the defendant;

1. The legal statement of I in the first instance;

1. F’s legal statement in the original judgment;

1. Statement to J police officers;

1. Written estimate;

1. Receiving the Internet for national newspapers;

1. Application of Acts and subordinate statutes to C noise measurement photographs;

1. Relevant Article of the Automobile Management Act and the former Automobile Management Act (amended by Act No. 11449, Feb. 23, 2012) regarding criminal facts.

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