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(영문) 서울남부지방법원 2013.06.13 2013고정714
자동차관리법위반
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

No one shall modify a structure or device of a motor vehicle without obtaining approval from the head of the competent Gu.

Nevertheless, the Defendant, as the owner of the BMF5 vehicle, installed a HID electric light, etc. on the said vehicle at the DIndustrial Company located in Gangdong-gu Seoul Metropolitan Government between December 201 and January 2012, and arbitrarily changed the structure and devices of the vehicle. From that time to November 23, 2012, the Defendant operated the said vehicle on the road, such as the leisure club in Yeongdeungpo-gu Seoul Metropolitan Government from November 23, 2012.

Summary of Evidence

1. Each legal statement of witness E and F;

1. Some statements of the prosecutor's office and police interrogation protocol of the accused;

1. The criminal place, each investigation report (general), investigation report (Visits investigation), and report on the results of investigation; and

1. Photographs of vehicles present at the police station and taken;

1. Application of the register of automobiles and copies of drivers' licenses

1. Article 81 subparagraph 19 of the Motor Vehicle Management Act and Articles 81 and 34 (Selection of Fine) of the same Act concerning facts constituting an offense;

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

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The defendant's assertion does not have any HID electric light installed on the instant vehicle, and the police officer knew that he was moving to the instant vehicle at the time of the control of the instant case, and there was no escape.

2. According to the evidence examined above, the police officers at the time of the control of this case moved the Defendant to the safety place in order to find a stable machine by opening the brupt, but the Defendant runs away from ordinary headlights, making the Defendant stop to control a white light with a very brightness color, not transparent color, and confirmed the Defendant’s headlight with a HID light in a brud shape. The Defendant also runs away as it was in the prosecution, the police, and the regulatory landscape at interrogation.

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