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(영문) 서울중앙지방법원 2016.08.17 2016고정1716
자동차관리법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a person engaging in driving a car BK7 vehicle.

No person shall cover a registration number plate or make it illegible.

Nevertheless, on May 3, 2013, the Defendant attached the light reflect tape in the shape of Dong-gu to the front and rear registration number plate of the said vehicle at the front and rear of the said vehicle on the street side of the apartment house, and around January 3, 2016, around 197, the Seocho-gu Seoul High School, Seocho-gu Seoul, the Seocho-gu Seoul High School, with the operation of the said vehicle on the front and rear side of the said vehicle, making it difficult to identify the registration number plate.

2. Determination

A. In a criminal trial, the prosecutor bears the burden of proving the criminal facts prosecuted in the criminal trial, and the finding of guilt must be based on evidence with probative value that makes the judge feel true to the extent that there is no reasonable doubt. Thus, if there is no such evidence, even if there is doubt of guilt against the defendant, it is inevitable to determine the defendant as the benefit of the defendant (see, e.g., Supreme Court Decision 2009Do1151, Jul. 22, 2010). B. (1) The defendant's assertion only puts the instant boiler purchased on the Internet to keep up a heavy number plate without the purpose of avoiding control.

(2) Article 10(5) of the Automobile Management Act provides that no person shall cover a registration number plate or make it illegible, and shall not operate such a motor vehicle. Article 81(1)2 of the same Act provides that a person who intentionally shields, or makes it illegible, a registration number plate in violation of Article 10(5) of the same Act shall be punished by imprisonment for not more than one year or by a fine not exceeding ten million won, and Article 10(5) of the Automobile Management Act provides that a person shall not cover, or make it illegible, a registration number plate, and such a motor vehicle shall not be punished by imprisonment for not more than one year.

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