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(영문) 서울서부지방법원 2015.06.03 2015고정251
자동차관리법위반
Text

The defendant shall be innocent.

Reasons

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

The Defendant is the owner of a two-wheeled motor vehicle C, and around April 30, 2014, the registration number plate of the two-wheeled motor vehicle was operated in front of the Ecccer store located in Yongsan-gu Seoul, Yongsan-gu, Seoul, in a half of the two-wheeled motor vehicle.

2. As to the facts charged in the instant case, an inspector acting on behalf of the defendant was indicted by applying Article 81 subparag. 1-2 and Article 10(5) of the Automobile Management Act, and Article 81 subparag. 1-2 of the said Act provides that “a person who intentionally shields a registration license plate or makes it illegible in violation of Article 10(5)” shall be punished. Thus, in order to hold the defendant liable for violating the Automobile Management Act, the fact that the defendant intentionally caused the registration license plate of the instant vehicle should be proved.

The Defendant denies that there was no intentional contact with the registration number plate of a two-wheeled automobile. As such, it is difficult to recognize that the Defendant intentionally shielded or made it difficult to recognize that the registration number plate of a two-wheeled automobile was shielded solely by the photographs connected with the registration number plate of a two-wheeled automobile as indicated in the judgment, and ② Article 84(3)1 of the Automobile Management Act provides that “the person who shielded or made it illegible in violation of Article 10(5) or operated such a motor vehicle shall be punished by a fine not exceeding 50,000 won,” and Article 10(5) of the same Act provides that “the person who operated such a motor vehicle shall be punished by a fine not exceeding 50,000 won” shall be punished by distinguishing the registration number plate from “the act of shielding or making it illegible by intention” and “the act of operating such a motor vehicle” and Article 81 subparag. 1-2 of the Act shall be punished against the former.

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