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(영문) 대구지방법원 2017.10.20 2017노345
자동차관리법위반
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) is without merit that part of the Defendant’s vehicle number plate as stated in the facts charged of this case is affixed to the Defendant.

2. Determination

A. The facts charged in this case and the judgment of the court below 1) The facts charged in this case are as follows: “Although anyone should not cover or make it difficult to detect the registration number plate of a motor vehicle, the defendant, who is located in Daegu Northern-gu, Daegu Northern-gu, on March 2, 2016, made it difficult to identify the registration number plate by attaching white tape to “F” and “G” among the back number plate of the said motor vehicle,” in front of India operated by the defendant on March 2, 2016.

2) The lower court found the witness of the lower court guilty by comprehensively taking account of the legal statement, photograph, etc. of H.

B. Article 10(5) of the Automobile Management Act provides that no one shall cover the registration number plate of a vehicle or make it illegible, and that no one shall operate such a vehicle, and Article 81(1)-2 of the Automobile Management Act provides that a person who, contrary thereto, shields the 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 10 million won.

In full view of the following circumstances acknowledged by the lower court and the evidence duly admitted and examined by the trial court, it is insufficient to recognize that the Defendant intentionally made it difficult to identify the registration number plate of his/her vehicle, and there is no other evidence to acknowledge it.

1) According to the testimony of the witness H of the lower court, the images of the Defendant’s vehicle photograph, the investigation report (Attachment to the details of the violation of parking or stopping), etc., the Defendant’s vehicle operated at the time.

E was parked on the front India, and the number 2 of the back number plate was changed to white objects (e.g., tape or stop), and the Defendant was punished by a fine for negligence on July 24, 2015 and on December 7, 2015.

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