Nevertheless, on October 2013, the Defendant knew of the fact that a taxi for business use by the Defendant was attached to the number plate in order to avoid the control of a traffic-free car, and operated a vehicle with a license plate difficult to read by operating the said taxi until it is controlled, by failing to be recognized as an automatic device for identifying the number at the time of entering the cab of Incheon Airport at around 16:14 on September 4, 2014.

Judgment

With respect to the facts charged in the instant case, the prosecutor indicted him/her by applying Article 81 (1)-2 of the Automobile Management Act (hereinafter “the Act”), and Article 81 (1)-2 of the Act provides that “any person who, in violation of Article 10 (5), shields a registration license plate on purpose or 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.” 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, in violation of Article 10 (5), shields a registration license plate or makes it illegible, or a person who operates such a motor vehicle shall be punished by a fine not exceeding five hundred thousand won.”

In other words, this Act separates the object of the regulation under Article 10 (5) into "shielding a registration license plate with intention or making it illegible," and "shicking a registration license plate by any means other than a height, making it illegible, and operating such a motor vehicle", and the former imposes a penalty in accordance with Article 81 (1) 2 of the Act, and the latter imposes a penalty in accordance with Article 84 (3) 1 of the Act.