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(영문) 대구지방법원 2017.11.29 2017노2798
자동차관리법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal was aware that the defendant had dolusent recognition of the fact that his/her vehicle registration number plate was affixed;

In addition, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous by misapprehending the facts and affecting the conclusion of the judgment.

2. Determination

A. The summary of the facts charged in the instant case shall not cover a registration number plate nor make it illegible, and shall not operate such a motor vehicle.

Nevertheless, on October 26, 2016, the Defendant operated part of the back number C of the vehicle as the new Singu, Daegu Singu, on October 26, 2016, and made it difficult to identify the vehicle registration number plate.

B. In full view of the following circumstances acknowledged based on the evidence duly adopted and examined, the lower court found the Defendant not guilty of the instant facts charged on the ground that the evidence submitted by the prosecutor alone was insufficient to acknowledge that the Defendant intentionally sealed the registration number plate of his/her vehicle or made it illegible, and that there was no other evidence to acknowledge it.

① According to Internet newspaper photographs, exposed photographs and exposed photographs, the fact that the number 2 of the back number plate of the Defendant’s back number plate was difficult to identify because of the suspension of white, and the Defendant is deemed to operate the vehicle above, but the Defendant asserted that the Defendant did not have any reason to leave the number plate at the time from the beginning of the investigation to the lower court’s trial, and that the Defendant did not have the above white suspension.

② According to the Internet newspaper and height containing the statement of D as to whether the above suspension was intentionally attached by the Defendant, the number 2 of the back number plate of the Defendant’s vehicle is visible, but the front number plate is to operate the vehicle in an unclaimed state.

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