Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

In cases where an owner of an automobile intends to conduct pipes for the items prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, he/she shall obtain approval from the head of a Si/Gun/Gu, and shall not operate an automobile knowingly which has been installed.

Nevertheless, the Defendant, without obtaining approval from the competent authority on August 29, 2016, operated the said car in the “C” of the Motor Vehicle Maintenance Business Operator, which is located in the Yongsan-gu, Yongsan-gu, Yongsan-si, Goyang-si. Around February 29, 2016, the Defendant: (a) was aware that the Defendant, while driving the said motor vehicle, he/she was aware of the fact that he/she, without obtaining approval from the competent authority, was satisd by demolishing the exhauster, which is a noise prevention device and exhaust gas emission prevention device attached to the DBW M4 CP, which was operated by the Defendant; and (b) replacing the catus with the catus of the cat

Summary of Evidence

1. Defendant's legal statement;

1. The questioning of the Korea Transportation Safety Authority concerning alteration of the structure of internal-stage exhaust equipment;

1. Application of Acts and subordinate statutes to the data on maintenance and sale, the data on customer management, the data on input of parts, the data on net operating equipment photographs (D), the register of automobiles (D), the details of transactions made in the account transfer (A);

1. Relevant legal provisions concerning facts constituting an offense, Articles 81 subparag. 19 and 34(1) of the Motor Vehicle Management Act (which has not been approved), Articles 81 subparag. 20 and 34(1) of the Motor Vehicle Management Act, and the selection of fines;

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

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

1. In light of the reasoning for sentencing under Article 334(1) of the Criminal Procedure Act, the Defendant’s primary offender, the motive, means and method of the instant crime, the circumstances after the instant crime, the Defendant’s age, character, conduct and environment, etc., the amount of the fine imposed by the summary order is deemed to be excessive, and thus, the amount of the fine shall be partially reduced.