(영문) 서울북부지방법원 2016.9.30.선고 2016고정1909 판결

When the defendant fails to pay the above fine, the defendant shall be confined in the old house for the period calculated by converting 100,000 won into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Facts of crime

The Defendant is a person who is engaged in driving a motor vehicle with Seoul ○○○○○○○○○○○○○○○.

No one shall operate a motor vehicle without obtaining approval from the competent authority, or knowing that it is a motor vehicle which has been tubesd without obtaining approval from the competent authority.

Nevertheless, the Defendant, without obtaining approval from the competent authority on June 24, 2016: around 20: around 20, at around 20: (a) around one’s house located on the ○○○○○○○○-dong, Seoul, by attaching three auxiliary seat to the said van by using a motor vehicle construction tool, such as a sponner, etc.; (b) has installed three auxiliary seat on a motor vehicle; and (c) has operated the said van from that time until June 28, 2016 at a KRW ○○-dong, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of registration certificate;

1. Evidential photographs;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 81 Subparag. 19, Article 34(1) of the Automobile Management Act (the point of the tubesing a non-approved motor vehicle), Article 81 Subparag. 20, Article 34(1) of the Motor Vehicle Management Act (the point of operation of a non-approved motor vehicle) and each fine; 1. Aggravation of concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act