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(영문) 서울남부지방법원 2018.06.11 2018고정400

자동차관리법위반등

Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a bicycle driver B 124c motor device.

1. No one shall operate a motor vehicle which has been tubesd without obtaining approval from the competent authority, or without obtaining approval therefor;

Nevertheless, the Defendant, from October 18, 2016 to October 19, 2016, knew that the headlight of the bicycle of the said motor device has been tubesd without the approval of the competent authority’s replacement and installation. However, the Defendant operated the said vehicle on the front side of the Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, Seoul, for a period from December 16, 2017 to December 19:20, 2017.

2. When a police officer requests a driver's license, etc. to present a driver's license or a certificate substituting it, or asks questions about the driver's identity and confirmation of driver's license in order to ensure the safety of traffic or to maintain order in traffic while driving

Nevertheless, the defendant rejected the request for confirmation of the identity and license of the policeman C, who is a patrol police officer at the same time as the above 1.1.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. On-site photographs and Headlight photographs;

1. Application of Acts and subordinate statutes to investigation reports (on-site conditions, suspect's assertion, etc.);

1. Relevant legal provisions concerning the facts constituting an offense, Article 81 subparag. 20, Article 34 of the Motor Vehicle Management Act (in the case of the operation of installed motor vehicles), Articles 155 and 92(2) of the Road Traffic Act (in the case of refusal of a request for identification of identity), and selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;