도로교통법위반(무면허운전)
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
The summary of the facts charged is the person driving C vehicle.
On July 31, 2013, around 15:15, 2013, the above vehicle driven approximately 200 meters from the street in front of 1728-12, the Sinsi-dong 1728-12, to the street in front of 2167-6, the same vehicle.
Judgment
The crime of violation of Article 152 subparagraph 1 and Article 43 of the Road Traffic Act is a so-called intentional crime established only when a person drives a motor vehicle with knowledge that there is no valid driver's license. Even if a person drives a motor vehicle while the previous driver's license is revoked, it cannot be deemed as a crime of violation of the Road Traffic Act (unlicensed Driving) unless the driver recognizes the cancellation of license. The police authority in charge
Even if so, it cannot be readily concluded that the driver was aware of the fact that the license was revoked. In this case, whether the driver knew of such circumstances should be determined individually by taking into account the reason for revocation of license and the severity of the illegal act committed in each case, whether the driver was subject to revocation for the same reason, and the reason why the license was not notified.
(see, e.g., Supreme Court Decision 2004Do6480, Dec. 10, 2004). However, in full view of the evidence, the following facts can be revealed.
On January 5, 1993, the Defendant obtained a Class I driver’s license for a motor vehicle driving.
Upon the lapse of the period of the Defendant’s aptitude test as of February 6, 2012, the head of Si/YA issued a conditional revocation disposition (as of February 7, 2013) that revokes the driver’s license without undergoing the aptitude test by February 6, 2013. On November 26, 2012, the first notification of the revocation disposition of the above conditional driver’s license was sent to D 201 when he/she shows that the Defendant’s resident registration is the Defendant’s resident registration address, and the second notification was sent to the same address as of December 4, 2012, but returned on December 20, 2012, the second notification was returned as “the absence of a door” and the chief of Si/YYA returned on December 20, 2012.