(영문) 광주지방법원 2019.05.14 2018노3186 | 리걸엔진

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(영문) 광주지방법원 2019.05.14 2018노3186

자동차관리법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the so-called “ED, etc. attached by the Defendant to the vehicle” is not of the nature that can be operated by attaching it to the vehicle at the beginning with the so-called “vehicle-saleed goods,” but the Defendant voluntarily stated that there was a fact that the automobile number plate can be easily seen after the installation of the above products. In light of the above, it should be deemed that the Defendant had intention to dolusis or make it illegible.

Nevertheless, the judgment of the court below which acquitted the defendant on the ground that there is a lack of evidence to acknowledge the defendant's intention is erroneous or erroneous by misapprehending the legal principles.

2. Determination

A. The summary of the facts charged in the instant case shall not cover a registration license plate nor make it illegible, and such a motor vehicle shall not be operated.

Nevertheless, on February 23, 2018, at around 07:28, the Defendant operated B vehicles with a view to a view to drinking water viewing at the time of drinking water in front of the opening of a 1stnish-dong 3 complex street room at the time of drinking water, and made it difficult to distinguish a registration license plate by installing and operating PED, etc. at the lower end of the registration license plate.

B. In full view of the following circumstances duly adopted and examined evidence, the lower court consistently stated that the Defendant installed PED, etc. in order to secure the right of view from the investigative agency to the court of the lower court, i.e., the Defendant’s submission of the evidence by the prosecutor, based on the following circumstances: (a) the Defendant consistently stated that the Defendant had installed PED, etc. from the investigative agency to the court of the lower court; (b) the products similar to the above PED are currently sold in the city, can be easily installed; and (c) the Defendant was installed in order to use it at the place where the above PED, etc. was kept in the city; and (d) the Defendant stated that it was difficult

유사 판례

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