The defendant shall be innocent.

1. The summary of the facts charged is that the Defendant is a driver of B 100 cc-wheeled vehicle. On October 16, 2015, the Defendant was aware that it is difficult to identify the registration number plate of the vehicle because he applied to the back number plate of the above vehicle at around 11:09 on Oct. 16, 2015, the Defendant operated the above vehicle at approximately KRW 100 meters up to 120 meters prior to the roads of the Seocho-gu Seoul Coast Guard, Seocho-gu, Seoul.

2. As to the above facts charged, a single prosecutor’s agent filed a claim for summary order by applying Articles 81 subparag. 1-2 and 10 subparag. 5 of the former Automobile Management Act (amended by Act No. 13686, Dec. 29, 2015; hereinafter the same).

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

Meanwhile, Article 84(3)1 of the former Automobile Management Act provides that “A person who shields a registration number plate in violation of Article 10(5) or makes it illegible, or operates such a motor vehicle, shall be punished by a fine for negligence not exceeding 500,000 won.”

As a result, the former Automobile Management Act distinguish the subject of the regulation under Article 10(5) from “an act that shields a registration number plate or makes it illegible by any means other than intention” and “an act that shields a registration number plate or operates a motor vehicle difficult to identify by any means other than intention,” and imposes punishment on the former pursuant to Article 81(1)-2, and it is reasonable to interpret that a fine for negligence is imposed on the latter pursuant to Article 84(3)-1.