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(영문) 광주지방법원 2015.09.23 2015고정770
옥외광고물등관리법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Any person who intends to install an advertisement of the kind of neons or electric signs on a means of transportation, such as a motor vehicle not for business or a truck for business, by using electricity, shall obtain permission from the competent authority.

Nevertheless, on September 17, 2014, the Defendant, without obtaining permission from the competent administrative authority, installed an advertisement on the side and back of C, D, E, and F F Freight (hereinafter “instant freight”) in order to advertise “B,” a company operating as an agent for the Defendant’s operation, and installed an advertisement so that the phrase, such as “Acting Driving G,” etc., can be displayed (hereinafter “instant advertisement”).

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement of H;

1. Operating photographs;

1. Notification of reports on and processing of outdoor advertisements, certificates of reporting on displaying outdoor advertisements, such as outdoor advertisements, permission reports on outdoor advertisements, etc., specifications, and application of the statutes on advertisements using means of transport

1. Article 18(1)1 of the relevant Act and Articles 3(1)1 and 3(1) of the Outdoor Advertisements, etc. Control Act (Selection of Fines) on criminal facts and the advertisement of this case is “to install a transparent board inside and outside the loading box of the freight truck of this case, install the PE screen inside, and to give an advertising effect in such a way as to indicate letters or numbers on the PE screen using electricity.”

Therefore, it is reasonable to regard it as an "advertisement using means of transportation" under Article 3 (13) of the Enforcement Decree of the Outdoor Advertisements, etc. Control Act.

② The instant cargo vehicle is not a “business vehicle” or “business truck” but a “private cargo vehicle” subject to permission (Article 4(1)9 of the Enforcement Decree of the same Act) and “private cargo vehicle” subject to reporting.

(3) Article 4 (1) 12 of the Enforcement Decree of the same Act shall be subject to permission from the competent authority to display or install a "advertisement using electricity" on advertisements not subject to permission.

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