logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2016.10.14 2016고정1089
자동차관리법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On November 1, 2015, the Defendant installed a light device at the upper part of the foregoing vehicle at D parking lots operated by the head of the competent Si/Gun/Gu, Seocheon-gu, Yacheon-gu, Seoul, without obtaining approval from the head of the competent Si/Gun/Gu, and arbitrarily changed the structure device of the foregoing vehicle, and operated the said vehicle from that time until January 15, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Notification of detection of a violator of the Automobile Management Act;

1. Determination as to the defendant's assertion of control photographs

1. The light equipment of the defendant alleged by the defendant is subject to the imposition of a fine for negligence, but it is not subject to the authentication of the motor vehicle that should be approved by the competent authority, and thus the crime of violating the Automobile Management Act

2. Article 2 Subparag. 11 of the Motor Vehicle Management Act provides, “Indicating a part of the structure and devices of a motor vehicle or adding affixed articles to a motor vehicle” as “the alteration of the structure and devices of a motor vehicle.

According to the evidence submitted, it can be recognized that the light device attached by the defendant is a light device prescribed in Article 8 (2) 14 of the Enforcement Decree of the Automobile Management Act. Thus, if it is modified or added, it constitutes a motor vehicle's pipeline.

In addition, according to Article 34 (1) of the Automobile Management Act and Article 55 (1) 2 of the Enforcement Rule of the Automobile Management Act, if a structure or device after the erroneous mining fails to meet the safety standards stipulated in Article 29 of the Automobile Management Act, it can not be approved.

On the other hand, Article 55 (1) (latter part) of the Enforcement Rule of the Automobile Management Act, Article 4 and attached Table 1 of the Regulations on Piping of Motor Vehicles must be installed in a minor structure that may not be approved.

arrow