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(영문) 대구지방법원 2017.06.21 2016고정2651
자동차관리법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged shall not cover a registration number plate nor make it illegible, and such a motor vehicle shall not be operated;

Nevertheless, on October 26, 2016, the Defendant operated part of the back number C of the vehicle as the new Singu, Daegu Singu, on October 26, 2016, and made it difficult to identify the vehicle registration number plate.

2. According to Article 10(5) of the Automobile Management Act, no person shall seal a vehicle registration number plate or make it illegible, and such a vehicle shall not be operated. Article 81(1)-2 of the Automobile Management Act provides that a person who, contrary thereto, shields a registration number plate 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.

In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court, the evidence submitted by the prosecutor alone is insufficient to acknowledge that the defendant intentionally shielded the registration number plate of his/her vehicle or made it illegible, and there is no other evidence to acknowledge it.

① According to Internet newspaper photographs and exposed photographs, two numbers of the back number plates of the Defendant’s vehicle were in a situation where it is difficult to identify because of the suspension of white, and the Defendant’s operation of the vehicle is recognized, but there is no reason to leave the Defendant’s license plate at the time from the beginning of the investigation to the time of this court, and the Defendant argued that the suspension of the above white is not attached to the license plate.

② According to the Internet newspaper that contains the statement of D as to whether the above suspension was intentionally attached to the Defendant, the number 2 of the back number plate of the Defendant’s vehicle is visible, but the front number plate is not visible.

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