The defendant shall be innocent.

1. A Mayor/Do Governor shall attach a motor vehicle registration number plate to the charges, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, and seal the registration number plate and seal affixed thereon shall not be detached, except where permission is obtained from the Mayor/Do Governor or where special provisions exist in other Acts;

Nevertheless, at around March 22, 2017, the Defendant arbitrarily removed the registration number plate of 50 cc Oral Baba, which is owned by the Defendant, from the street around the Gwanak-gu Seoul Special Metropolitan City C Hospital, at around 21:03, and operated approximately 200 meters.

2. Although there is somewhat little degree of rejection of the Defendant’s defense that denies the facts charged, this Court’s duly adopted and examined evidence cannot be ruled out at all, the possibility that the Defendant had already removed the registration number plate and seal prior to the operation of Otoba, such as the facts charged, due to an unforeseen cause. Thus, it is difficult to readily conclude that the facts charged by the prosecutor alone is proven without reasonable doubt.

Therefore, the facts charged constitute a case where there is no proof of facts constituting a crime and thus, the defendant is acquitted in accordance with the latter part of Article 325 of the Criminal Procedure Act.

In addition, since the defendant cannot obtain consent to the public announcement of the judgment of innocence due to his/her absence on the date of pronouncement, the public announcement of the judgment of innocence pursuant to the proviso of Article 58(2) of the Criminal Act shall not be made.