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(영문) 서울중앙지방법원 2019.07.03 2019고정1182

자동차관리법위반

Text

The defendant shall be innocent.

Reasons

1. No person charged with the instant case shall cover a registration license plate nor make it illegible, and such a vehicle shall not be operated.

On January 11, 2019, at around 12:34, the Defendant: (a) parked the front part of the CMW vehicle (hereinafter “instant vehicle”) in front of the Seocho-gu Seoul Metropolitan Government, by attaching it to the sign prohibiting parking, so that it is difficult to identify the front registration number plate of the instant vehicle.

2. Determination

A. The Defendant asserted that he was parked in accordance with the direction of the parking management personnel, and there was no intention to make the front registration number plate difficult to identify the vehicle. Therefore, the Defendant did not have intention to violate the Automobile Management Act.

B. As a result of the determination, the following circumstances that can be recognized by the record, namely, the Defendant appears to have moved the instant vehicle in front of the commercial parking management personnel at around 12:34 January 11, 2019, in front of the Seoul Seocho-gu Seoul Metropolitan Building, according to the instruction of the commercial parking management personnel, and parked the instant vehicle next thereto. There is no evidence to support the fact that there is a need to leave the registration number plate of the front offender to avoid parking regulation because the parking control camera is installed in the front of the instant vehicle. In light of the fact that the registration number plate of the front offender can be closely adhered to the parking prohibition sign while parking the instant vehicle in a narrow space that has been newly secured after moving the parking prohibition sign, it cannot be ruled out that the possibility of the front offender’s spreading would have been able to inevitably spread because the registration number plate of the front offender inevitably parked the instant vehicle in a narrow space secured by the Defendant after moving the parking prohibition sign.

Therefore, the front part of the instant vehicle is recognizable by attaching it to the signboard prohibiting parking.

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