The defendant shall be innocent.

1. The summary of the facts charged is that the Defendant is a holder of BM5 private taxi.

No one shall cover a registration number plate intentionally or make it illegible, and such a motor vehicle shall not be operated.

Nevertheless, around 22:10 on October 20, 2018, from the south-gu Incheon Metropolitan City C apartment road to the front road of the same Gu, the above taxi was operated without making it difficult to identify the registration number plate by attaching a half-luminous tape on the front and rear number number of the above taxi in order to avoid parking, stopping and overspeed control.

2. As to the facts charged in this case, an inspector acting on behalf of the public prosecutor was indicted by applying Articles 81 subparag. 1-2 and 10(5) of the former Automobile Management Act (amended by Act No. 14950, Oct. 24, 2017; hereinafter “Act”).

A person who shields a registration number plate on purpose or makes it illegible in violation of Article 10 (5) shall be punished by imprisonment for not more than one year or by a fine not exceeding ten million won.

Article 10(5) of the Act provides that “No person shall cover a registration license plate nor make it illegible, and no person shall operate such a motor vehicle.” Meanwhile, Article 84(3)1 of the Act provides that “a person who shields a registration license plate in violation of Article 10(5) or makes it illegible, or a person who operates such a motor vehicle shall be punished by a fine for negligence not exceeding KRW 500,000”.

Comprehensively taking account of the above provisions, the Act separates the object of the regulation of Article 10(5) from “an act of breaking a registration license plate or making it illegible” and “an act of breaking a registration license plate or making it illegible by any means other than a height, and an act of operating such a motor vehicle,” thereby imposing punishment pursuant to Article 81(1)-2 of the Act on the former, and then imposing punishment pursuant to the latter.