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(영문) 서울서부지방법원 2017.10.27 2017고정417

자동차관리법위반

Text

The defendant shall be innocent.

Reasons

1. No person who outlines a fact of prosecution shall intentionally cover his/her registration number plate or make it illegible;

Nevertheless, at around 03:05 on December 13, 2016, the Defendant operated the foregoing car with light half of the registration number plate on the front of Yongsan-gu Seoul, Yongsan-gu, Seoul, for the purpose of avoiding the control of the unmanned control camera on the front of Yongsan-gu, Seoul, the Defendant made it difficult to identify the registration number plate.

2. Determination

A. The defendant's assertion that the light half of the board of registration number plates of this case had been tamped on the board of registration number plates of this case, but the defendant did not match light half of the board at the registration number board.

Before the Defendant transferred the vehicle, the Defendant presumed that the foregoing page had been affected by the Defendant’s former borrower, and that the Defendant’s former borrower had engaged in the said page.

B. Determination 1) The Defendant was indicted under Article 81 subparag. 1-2 and Article 10(5) of the Automobile Management Act. Article 81 subparag. 1-2 of the Automobile Management Act provides that “A person who intentionally shields his/her registration number plate or makes it illegible due to violating Article 10 subparag. 5 (including the case to which said Article applies mutatis mutandis under Articles 10(7) and 52)” shall be punished, and Article 10(5) of the Automobile Management Act provides that “No person shall cover his/her registration number plate or make it illegible, and operate his/her motor vehicle.” Article 84(3)1 of the Automobile Management Act provides that “A person who, apart from the criminal punishment provision applied to the prohibition provision in the instant case, renders it difficult to identify his/her registration number plate or operate a motor vehicle, or operates it difficult to impose a fine for negligence against Article 10(5).”

In order to hold the defendant liable for violation of the Motor Vehicle Management Act, the defendant intentionally caused light reflectrs on the registration number plate of the motor vehicle in this case.