자동차관리법위반
The judgment of the court below is reversed.
A defendant shall be punished by a fine of 500,000 won.
The above fine shall not be paid by the defendant.
1. According to the evidence submitted by the prosecutor, the defendant intentionally folded the registration number plate of two-wheeled vehicles (hereinafter “instant vehicle”) as indicated in the judgment of the court below and operated the instant vehicle sufficiently.
The court below found the Defendant not guilty of the facts charged of this case.
2. In light of the following circumstances acknowledged by the evidence duly admitted and investigated, the lower court determined that the instant facts charged was not guilty on the ground that the evidence submitted by the prosecutor alone cannot be deemed to have been proven without reasonable doubt.
① It is difficult to recognize that the Defendant intentionally added a registration number plate or made it difficult to recognize that the photograph of the instant vehicle was in contact with the registration number plate.
② Article 84(3)1 of the Automobile Management Act provides that “A person who shields a registration license plate or makes it illegible in violation of Article 10(5) or who operates such a motor vehicle shall be punished by a fine for negligence not exceeding 500,000 won.” However, Article 10(5) of the same Act separates the object of the regulation from “a person who shields a registration license plate or makes it illegible” from “an act of covering a registration license plate or making it illegible, making it illegible,” and “an act of covering a registration license plate or making it illegible,” and operating such motor vehicle,” and imposes a fine for negligence on the former pursuant to Article 81(1)1 of the Act, and the latter imposes a fine for negligence pursuant to Article 84(3)1 of the Act.
3. In full view of the following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and investigated by the trial court, it can be recognized that the Defendant intentionally folded the registration number plate of the instant vehicle and operated the instant vehicle.