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(영문) 서울중앙지방법원 2019.10.17 2019노2200
자동차관리법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal (in fact-finding), there is a parking control unmanned camera installed behind the parking point of the instant vehicle, and in full view of the fact that the front number plate is completely left close to the front of the vehicle and the statement of the control landscape, etc., the lower court found the Defendant not guilty of the facts charged of the instant case even though it was found that the Defendant had the front registration number plate under the intention to avoid control, and that it was found that the Defendant had the front registration number plate under the intention to avoid control.

2. According to the evidence duly adopted and examined by the court below, the following facts are acknowledged: ① the Defendant moved a parking prohibition sign, which was set up in accordance with the guidance of the parking management personnel of the commercial building visited to provide meals, and parked the vehicle in the empty place; ② the above commercial building was parked in the ordinary place by means of plaling before the Defendant had visited the place for meals; and ② the above commercial building was parked in the ordinary place by means of plaling, and thus, it could be considered that the parking management personnel would move the above vehicle parked.

In full view of these points and all the circumstances stated by the court below, it is not sufficient to recognize that the evidence submitted by the prosecutor alone alone was parked in a sign prohibiting parking under the intention of making it difficult for the defendant to grasp the book, and there is no other evidence to acknowledge it.

Therefore, the judgment of the court below that acquitted the Defendant of the facts charged of this case is lawful, and the prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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