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(영문) 부산지방법원 2016.04.21 2015고정4573
자동차관리법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

When the owner of a motor vehicle intends to modify matters determined by the Ordinance of the Ministry of Oceans and Fisheries among the structures and devices of the motor vehicle, he/she shall obtain approval from the head of a Si/Gun/Gu and shall not operate any motor vehicle not approved.

Nevertheless, the Defendant, at around July 2014 from around August 2014 to around August 2014, attached a light device to the lower part of the BAE-rayed car owned by the Defendant without the approval of the head of the competent Gu, to change the location of the vehicle’s structure by attaching a light device to the lower part of the BA-rayed car. From around that time to August 23:42, 2015, the Defendant operated the said car at the front part of the city in Busan.

Summary of Evidence

1. Partial statement of the defendant;

1. Civil petitions being examined by citizens;

1. Non-compliant photographs and original restoration photographs (the defendant asserts that the attachment of the tail light after the PE camping light does not constitute an illegal remodeling or alteration of structure, but such a device is a light device not specified in the safety standards after the PE camping light attached by the defendant, and such device is not possible to approve the duplication, and if it is attached to the vehicle without obtaining approval, it constitutes alteration of structure as prescribed in Articles 81 subparagraph 19 and 34 of the Automobile Management Act, and thus the defendant's above assertion is rejected).

Application of Statutes

1. Relevant legal provisions concerning the facts constituting an offense, Articles 81 subparag. 19, 34, and 81 subparag. 20, and 34 of the Motor Vehicle Management Act, Articles 81 subparag. 20, and 34 of the Motor Vehicle Management Act, and the selection of fines;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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