beta
(영문) 서울남부지방법원 2015.04.27 2015고정985

자동차관리법위반

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.

Reasons

Punishment of the crime

The Defendant is the owner of a private taxi vehicle B.

Where a person intends to modify any of the structures and devices of a motor vehicle prescribed by relevant statutes, he/she shall obtain approval from the competent authority, and shall not operate a modified motor vehicle without such approval.

Nevertheless, on November 2014, the Defendant: (a) replaced the front side, etc. of the said vehicle with the HID inside, etc. without the approval of the competent authority; (b) operated the vehicle around December 21, 2014 to the Bank of Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, until it is controlled on the roads of the Korea Finance Corporation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on report of occurrence and internal investigation;

1. Relevant legal provisions concerning facts constituting an offense, Articles 81 subparagraph 19, 34 (1) (the occupation of altering the device of an unapproved motor vehicle), 81 subparagraph 20, and 34 (1) of the Motor Vehicle Management Act (the occupation of operating an unapproved motor vehicle), the selection of fines for each type of fine;

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

1. Articles 70 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;