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(영문) 인천지방법원 2019.05.10 2019고정748
자동차관리법위반
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall cover a registration number plate intentionally or make it illegible.

Nevertheless, the Defendant: (a) around November 30, 2018, around 20:45, stored a box with the entire registration number plate behind the C Freight in order to avoid parking control car on the front of the Yeonsu-gu Incheon, Yeonsu-gu, Incheon, and (b) around December 21:25, 2018, the Defendant stored the entire registration number plate behind the C Freight in order to avoid parking control car at the same place as above (i) stored the entire registration number plate behind the C Freight in order to avoid parking control car.

Accordingly, the defendant intentionally made it difficult to identify the registration number plate.

Summary of Evidence

1. Partial statement of the defendant;

1. Report on internal investigation (specific person under suspicion);

1. National newspaper, on-site photograph;

1. The comprehensive vehicle tax content [the defendant stored a box in the process of loading and unloading goods, and the motor vehicle registration number plate is not intentionally stored a box for the purpose of loading and unloading goods. However, according to the evidence duly adopted and investigated by this court, it seems that there was sufficient space for piling up a box in a location that does not cover a registration number plate of the freight or make it illegible, and it is reasonable to deem that the defendant had a criminal intent to commit a crime of violating the Automobile Management Act as stated in the judgment of the court. Furthermore, even though the defendant was unaware of whether he was punished due to the act as stated in the judgment, it cannot be said that there was a justifiable reason merely because it is a mere legal site (see, e.g., Supreme Court Decision 95Do1891, Dec. 12, 195). Thus, the application of the law does not affect the acknowledgement of criminal facts against the defendant].

1. Article 81 subparagraph 1-2 of the Automobile Management Act and Article 10 (5) of the same Act concerning criminal facts and the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment;

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