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(영문) 서울서부지방법원 2018.08.28 2018고단39
자동차관리법위반
Text

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. The summary of the facts charged shall not cover the registration number plate nor make it illegible, and such a vehicle shall not be operated;

Nevertheless, at a place without knowledge on March 12, 2017, the Defendant: (a) installed a Gain with aluminium in front of C G80 Motor Vehicle (hereinafter “instant motor vehicle”); and (b) installed a Gain with aluminium in the back registration number plate (hereinafter “instant Ga”); and (c) applied a registration number plate to or made it illegible; and (d) operated the said motor vehicle from that time until August 21, 2017 on a road, etc. adjacent to the Seoul Jongno-gu Independent Park, Jongno-gu, Seoul, an independent park street.

2. The assertion and judgment

A. Although the defendant's assertion of the defendant and his defense counsel purchased the instant shopping mall in the Internet shopping mall and affixed on the plate board of the instant vehicle's number plate, the defendant did not intentionally commit such act in order to cover the registration number plate or make it illegible.

B. The Defendant was indicted under Article 81 subparag. 1-2 and Article 10 subparag. 5 of the Automobile Management Act. As such, Article 81 subparag. 1-2 of the Automobile Management Act provides that “a person who intentionally hangs a registration number plate or makes it illegible” in violation of Article 10 subparag. 5 (including the case to which said Article applies mutatis mutandis under Articles 10 subparag. 7 and 52) shall be punished. Thus, in order to hold the Defendant liable for a violation of the Automobile Management Act, the Defendant should prove the fact that he attached the instant virtual phone to the registration number plate of the instant vehicle in order to cover the “registration number plate intentionally” or make it illegible.

[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." In the case of violation of the foregoing prohibition provision, it shall be prohibited.

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