The defendant shall be innocent.

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

On July 2014, the Defendant became aware on July 2014 that he joined the taxi transportation company (C) and allocated D taxi vehicles, and that he was attached a reflecter to avoid the unmanned traffic control, such as a registration number plate of the said taxi and its surrounding area.

Nevertheless, around September 4, 2014, the Defendant operated the said taxi from July 2014 to October 27, 2014, by operating the said taxi, while recognizing that it is difficult to identify the registration license plate as above on the front of the Incheon International Airport Parking Lot located in Jung-gu Incheon Metropolitan City.

2. The prosecutor acting on behalf of the public prosecutor was prosecuted by applying Article 81 subparagraph 1-2 of the Automobile Management Act (hereinafter “Act”) to the facts charged in this case, and Article 81 subparagraph 1-2 of the Act provides that “a person who intentionally shieldes a registration number plate 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 three million won.”

Article 10(5) of the Act provides that “No person shall cover a registration license plate nor make it illegible, and such a motor vehicle shall not be operated.” 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 motor vehicle shall be punished by a fine for negligence not exceeding 500,000 won.”

Comprehensively taking account of the above provisions, the subject of the regulation as prescribed in Article 10(5) is distinguished 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 the deceased, and an act of operating a motor vehicle as such.”