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(영문) 서울남부지방법원 2019.10.31 2019고정353

자동차관리법위반

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the owner of a two-wheeled automobile B Matti125.

No one shall operate a motor vehicle knowingly, while he/she is aware that it has been installed without obtaining approval from the competent authority.

Nevertheless, at around 11:10 on August 29, 2018, the Defendant, even though he knew of the fact that the noise prevention device of the above vehicle was installed on the front of Yeongdeungpo-gu Seoul Metropolitan Government, without obtaining the approval of the competent authority, was operated.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements concerning the suspect examination protocol of the defendant;

1. Control photographs (the defendant and his defense counsel denied the intention of the crime of this case because they had different knowledge of the fact that the noise prevention device of the Ortop in this case had been installed. However, considering the evidence submitted by the prosecutor, it is recognized that the person operating the Ortop in this case was aware that the defendant was the person who operated the Ortop in this case and was able to know that the noise of Ortop in this case was greater than that of another Orpin. Accordingly, the above assertion is not accepted since the intention of the crime of this case is sufficiently recognized.).

1. Selection of a fine, under Articles 81 subparagraph 20 and 34 (1) of the relevant Act concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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