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(영문) 대구지방법원 김천지원 2012.06.13 2011고정483

도로교통법위반(무면허운전)

Text

The defendant shall be innocent.

Reasons

From April 13, 2011 to June 11, 2011, the Defendant: (a) on June 20, 2011, the Defendant: (b) on the road in front of the Pyeongtaek-dong located in the Gumyeong-gu, Gumyeong-gu; (c) on June 2, 2011, operated the C observer-gu car on the road in front of the Gumyeong-dong; and (d) on June 4, 201, the Defendant operated the D observer-gu car on the road in front of the Gumyeong-gu, Sim-si on June 4, 201.

Judgment

According to the following: (a) the details of the disposition of suspension of driver's license, and the record of the disposition of suspension of violation score, it can be recognized that the Defendant's driver's license was issued on March 4, 201, which suspended from April 13, 201 to June 11, 201.

Meanwhile, according to the health stand and witness E’s legal statement as to whether the above disposition of suspension was legally notified to the defendant in accordance with the Road Traffic Act and the Enforcement Rule of the Road Traffic Act, E intended to deliver the notice of the disposition of suspension at the Defendant’s address. However, on March 17, 2011, E, who was in charge of the registered service of the notice of disposition of suspension to the Defendant, failed to deliver the notice of arrival at the Defendant’s address, attached the notice of arrival at the Defendant’s address, and transferred the above registered mail to the post office counter staff on March 18, 2011, and transferred the said registered mail to E, who was urged to recover the mail from the office counter staff on the same day.

However, even according to the above witness’s legal statement, the signature of Defendant A, which appears in the result of the delivery of the post office, was heard and substituted by E prior to the end of the employees of the above counter, and in ordinary, when mail is opened on the counter, there is no signature in the account book in the case of the above mail only after confirming the identification card and receiving the signature in the receipt book, and in light of this, the fact that E transferred the notice that E had taken the place of mail from the counter employee, cannot be readily concluded that the Defendant received the notice of the above disposition of suspension.