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(영문) 대구지방법원 김천지원 2016.10.11 2016고정447
자동차관리법위반
Text

Defendant

A shall be punished by a fine of 50,000 won, and a fine of 300,000 won, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A was owned by CK5 cars from March 17, 2014 to November 16, 2015, and Defendant B purchased the said car from the above A around November 17, 2015 to the present day.

1. Where the owner of a motor vehicle A intends to modify the structure, device, etc. of a motor vehicle, he/she shall obtain approval from the competent authority;

Nevertheless, at around 16:00 on August 2014, the Defendant, in the vicinity of the Peacedong in Kimcheon-si, installed the light system of automobiles without permission by the competent authorities, in a manner that installs the ESD H lamps purchased on the Internet, which is a light device of the said vehicle, without obtaining approval from the competent authorities for structural change.

2. The owner of a motor vehicle B shall obtain approval from the competent authority in cases where he/she intends to alter the structure, devices, etc. of the motor vehicle;

Nevertheless, at around 15:00 on March 14, 2016, the Defendant, on the road at a place where Kimcheon-si was located in Kimcheon-si, installed the light system without permission by the competent authority, which was removed to undergo the regular inspection of the vehicle on the headlight, which is a light device of the said vehicle, without obtaining approval from the competent authority for structural change, and installed the above ESH lamps again.

Summary of Evidence

1. Defendants’ respective legal statements

1. Police investigation report (Attachment of results table of regular motor vehicle inspection);

1. Police internal investigation report;

1. A national newspaper, each vehicle photograph [the defendants argued that the defendant was illegal or not guilty to install a ESD hedge, but it is difficult to see that there is a justifiable reason to mislead the defendants into believing that his act was not a crime. The mere site of the above law does not affect the establishment of the crime of this case and the punishment therefor. Accordingly, the defendants' assertion is not accepted.].

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