도로교통법위반(무면허운전)
The defendant shall be innocent.
1. On August 27, 2016, the Defendant: (a) around 11:40 on August 27, 2016, the Defendant driven a B car with B carren without obtaining a driver’s license from the citch parking lot in Gyeyang-gu, Incheon, Gyeyang-gu, Incheon, to the front road of the shooting distance, from the citch parking lot to the citle-gu, Seocheon-si.
2. The crime of violation of Article 152 subparag. 1 and Article 43 of the Road Traffic Act is established only when a person drives a motor vehicle with knowledge that there is no valid driver's license. Thus, even if a person drives a motor vehicle with the previous driver's license revoked, it cannot be deemed a crime of violation of the Road Traffic Act (see Supreme Court Decision 2004Do6480, Dec. 10, 2004, etc.) unless the driver recognizes the fact that the driver's license was revoked (see, e.g., Supreme Court Decision 2004Do6480, Jun. 24, 2010). According to the contents of the conditional disposition of the driver's license submitted by the prosecutor, the defendant's disposition that the driver would revoke the driver's license to the defendant more than one year after being subject to a aptitude test was issued on June 24, 2010 and the notice of such decision was sent on two occasions on December 18, 2009.
However, the evidence submitted by the prosecutor alone that the notice of the above decision was legally served on the defendant, and that the defendant was aware of the cancellation of his driver's license.
There is insufficient evidence to acknowledge it and there is no other evidence to acknowledge it.
Thus, the facts charged in this case constitute a case where there is no proof of crime, and thus, a judgment of innocence is rendered after Article 325 of the Criminal Procedure Act.