The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts) was known that the headlight of the instant two-wheeled vehicle was installed with the HID headlight without obtaining approval from the competent authority.

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous and adversely affected by the judgment.

2. Determination

A. The summary of the facts charged in the instant case is that the Defendant, as a holder of a two-wheeled motor vehicle (hereinafter “the instant two-wheeled motor vehicle”), was aware that the instant two-wheeled motor vehicle had been installed as a HID electric exit without obtaining the approval of the competent authority. From September 20, 2012 to March 20, 2017, the Defendant operated the said two-wheeled motor vehicle at the front road, etc. of Mapo-gu Seoul Metropolitan Government (hereinafter “the instant two-wheeled motor vehicle”).

B. According to the statement in the report on the commencement of internal investigation, the lower court determined that: (a) although all or part of the headlights of the instant two-wheeled motor vehicle were deemed to have been installed as a HID electric tool, the Defendant purchased the said two-wheeled motor vehicle with a heavy weight and did not directly have installed the headlight; (b) thus, the lower court

Inasmuch as there is no evidence showing the structure of the GTS125 model two-wheeled vehicle, the parts installed with HID electric tools, and the type of the relevant electric tools, the brightness and investigation angle of the headlight, and the difference between the same model two-wheeled vehicle and the like model two-wheeled vehicle, the evidence submitted by the prosecutor alone was aware that the Defendant, at the time of operating the said two-wheeled vehicle, knew that the light device, including the headlight, of the said two-wheeled vehicle, was installed.

It is insufficient to see it.

In light of the facts charged, the lower court acquitted the instant charges.

In addition to the reasons stated by the court below, according to the results of the factual inquiry into the Korea Transportation Safety Authority at the trial, HID headlights can lose the trial ability of the driver of a large-scale vehicle with approximately three times the general headlights (ro halog lamps) and about four seconds.

It has been reported by the media, and it is used for halogal headlights and illegal HID headlights.