The defendant shall be innocent.

1. The summary of the facts charged is Cenz owner of a passenger car.

No one shall cover a registration number plate or make it illegible, and shall operate such a motor vehicle.

Nevertheless, from April 2016 to August 2017, the Defendant operated the foregoing vehicle, which was difficult to identify the registration number plate due to the Sticker’s display of a poster reflecting light on the inside of the Korean language “E” and the number “F” on the front of the foregoing vehicle on the roads adjacent to Seongbuk-gu Seoul, Seongbuk-gu Seoul.

2. The prosecutor’s agent’s duty of determination was charged with the instant facts charged 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”).

Article 81 (1) 2 of the Act provides that "any 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 ten million won." Article 10 (5) of the Act provides that "any person shall not cover or make it illegible a registration number plate, and shall not operate any motor vehicle." Meanwhile, Article 84 (3) 1 of the Act provides that "any person who operates such motor vehicle shall not cover or make it illegible a registration number plate in violation of Article 10 (5), or who operates such motor vehicle shall be punished by a fine not exceeding five hundred thousand won."

Comprehensively taking account of the above provisions, Article 10(5) of the Act separates the subject of the regulation from “an intentional act of breaking a registration number plate or making it illegible,” and “an act of breaking a registration number plate or making it illegible by any means other than intention, and an act of operating such a motor vehicle” from the former, and imposes penal punishment pursuant to Article 81(1)-2 of the Act, and Article 84(3)1 of the Act on the latter.