자동차관리법위반
The defendant shall be innocent.
1. The summary of the facts charged in the instant case is that the Defendant: (a) was the owner of a two-wheeled vehicle; (b) no one shielded a registration license plate or made it illegible; and (c) even if such a motor vehicle was not operated, the Defendant operated the said two-wheeled vehicle under the circumstance that, around April 25, 2014, the lower part of the registration license plate of the said two-wheeled vehicle was difficult to find out from the shooting distance of Dongdaemun-gu Seoul, Dongdaemun-gu.
2. Article 81 subparag. 1-2 of the Automobile Management Act, which is the applicable provisions of the facts charged in the instant case (hereinafter “Act”), provides that “any person who shields a registration license plate on purpose in violation of Article 10(5) and makes it illegible shall be punished by imprisonment with prison labor for not more than one year or by a fine not exceeding three million won,” and Article 10(5) of the Act provides that “any person shall not cover a registration license plate nor make it illegible, and shall not operate such a motor vehicle.” Meanwhile, Article 84(3)1 of the Act provides that “a person who operates such motor vehicle shall not injure a registration license plate or make it illegible in violation of Article 10(5) or shall be punished by a fine for negligence not exceeding five hundred thousand won.”
In full view of the above law, the defendant's act of operating a two-wheeled automobile that became difficult to identify because the registration number plate was worn out shall be subject to the fine for negligence, and it shall not be subject to the punishment of fine.
Therefore, since the facts charged in this case constitute a case that does not constitute a crime, it is so decided as per Disposition by deciding not guilty of the defendant under the forepart of Article 325 of the Criminal Procedure Act.