The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that the Defendant’s act constitutes a case where “the registration number plate was damaged or illegible” as provided in Article 10(5) of the Automobile Management Act, because the European identification number plate (hereinafter “instant Stick”) was completely cut back by attaching the European identification number plate to the registration number plate of the vehicle operated by him, and the recognition of the time of the registration number plate was considerably deteriorated, and thus, such act constitutes a case where “the registration number plate was damaged or illegible.” However, the lower court acquitted the Defendant of the facts charged in this case. In so doing, the lower court erred by misapprehending the facts

2. Determination

A. Article 10(5) of the Automobile Management Act provides that no one shall cover a registration number plate nor make it illegible, and Article 81(1)-2 of the said Act provides that no one shall operate such a motor vehicle, and Article 81(1)-2 of the said Act provides that a person who shields a registration number plate or makes it illegible shall be punished by imprisonment for not more than one year or by a fine not exceeding three million won.

On the other hand, in light of the fact that the Automobile Management Act aims to promote public welfare by efficiently managing motor vehicles and ensuring the performance and safety of motor vehicles, the act of attaching decorations, etc. on a registration license plate cannot be deemed as an act of prohibiting the said provision in a discriminatory manner, and the intention that such an act was conducted and the degree of undermining the toxicity of a registration license plate should be considered as a whole and determined whether the said act violated the Automobile Management Act.

In particular, the act of attaching decorations, etc. to a motor vehicle registration license plate shall not be subject to punishment under each of the above provisions if it is performed without the intention of efficient management of the motor vehicle, securing the performance and safety of the motor vehicle, or impairing or avoiding the traffic control.

Supreme Court Decision 201. 201