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(영문) 부산지방법원 서부지원 2019.08.30 2019고정147

자동차관리법위반

Text

Defendant shall be punished by a fine of 200,000 won.

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

Reasons

Punishment of the crime

The defendant is the owner of Bpoter II cargo vehicle.

No one shall cover a motor vehicle registration number plate nor make it illegible, and such a motor vehicle shall not be operated.

Nevertheless, around 14:41 on August 29, 2018, the Defendant parked the above cargo vehicle on the side of the D Association located in Jung-gu, Busan, and made it difficult for the Defendant to identify the registration license plate by placing the vehicle on the loading box of the above vehicle over the delivery space on the front of the loading box for the purpose of avoiding the crackdown on illegal parking and stopping.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. The register of automobiles (A);

1. Application of Acts and subordinate statutes to vehicle number plates;

1. Article 81 subparagraph 1-2 of the Motor Vehicle Management Act, Articles 81 and 10 (5) of the same Act concerning facts constituting an offense, the selection of fines;

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

1. The defendant's assertion on the assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the provisional payment order is found to be the fact that the delivery box recorded in the facts constituting the crime in the judgment is located above the vehicle loaded on board, but it cannot be viewed that the defendant intentionally did not perform the same act as the facts constituting the crime in the judgment and that the registration number plate cannot be identified.

This Court has duly examined the following facts and circumstances, i.e., (i) partial registration number plates are made by delivery bags; (ii) in the case of fixed parking and stopping CCTVs, it is difficult to move the registration number plate because it is impossible to identify the entire registration number plate; and (iii) even according to the court’s practice of dealing with administrative fines, the imposition of administrative fines is not always exempted solely on the ground that the Defendant was able to carry on the delivery business by driving one ton of truck for his livelihood and carry on the delivery business; and (iv) even if so, the imposition of administrative fines is decided.