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(영문) 대구지방법원 2015.08.21 2015고정436

자동차관리법위반

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged shall not cover a registration license plate on purpose or make it illegible;

On November 17, 2014, at around 16:00, the Defendant parked ENAS coo-coo (hereinafter “instant vehicle”) on the roads around the Dcafeteria located in Daegu-gu, Daegu-gu, in order to avoid the crackdown on parking on the roads, and intentionally laid down a registration license plate by cutting it down to the between trokes.

2. According to the Defendant’s partial statement, the witness F’s legal statement, and the on-site photograph, the fact that the Defendant increased the number of the instant car by cutting it to the string line between the instant car and then the registration license plate was placed behind the said car is recognized.

However, in light of the following circumstances acknowledged by the evidence adopted by the court and examined, namely, at the time, only the part “G” among the registration license plate following the instant car was sent to the Defendant, and the part “H” was disclosed as it was. At the time, the Defendant did not leave the front registration license plate of the instant car, and the front part of the instant car appears to have no parking control camera, etc. around the instant site, and there is no objective evidence to deem that the Defendant was able to intentionally set up and cut down the instant car for a long time parking, not a stop, and there is no other evidence to acknowledge it. In light of the following circumstances, it is insufficient to view that the evidence submitted by the prosecutor alone was insufficient to prove that the Defendant intentionally set up the instant car registration license plate, and there is no other evidence to acknowledge it.

3. In conclusion, the instant facts charged constitute a case where there is no proof of crime, and thus, the judgment of innocence is rendered under the latter part of Article 325 of the Criminal Procedure