도로교통법위반(무면허운전)
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. The summary of the facts charged in the instant case was around 08:20 on December 28, 2013 and around 08:20, the Defendant driven a C-wing truck without obtaining a driver’s license at a section of about 800 meters from the “Sacheon-si Hospital” before the “Sacheon-si Hospital” located in Chuncheon-dong to the front day of the “heat-si” restaurant located in the same Sinyeong-dong.
2. According to the records of this case, around October 27, 201, the Defendant was found to have been guilty of violating the Road Traffic Act (unlicensed driving) on the ground that he/she driven D Poter drive without a driver's license, and on February 22, 2012, the Gangwon Provincial Police Agency issued a disposition to revoke a driver's license against the Defendant on the ground that he/she was taking a disposition to revoke the driver's license. On December 29, 2011, the Chuncheon District Prosecutors' Office issued a disposition without suspicion against the Defendant's charge of violating the Road Traffic Act (unlicensed Driving) on the ground that the Defendant driven a wing truck on February 28, 2013, as stated in the facts charged, and the fact that the Gangwon Provincial Police Agency revoked the driver's license against the Defendant on July 23, 2013 can be acknowledged.
According to the above facts of recognition, the revocation disposition for the original driver's license becomes retroactively effective as a result of the revocation disposition by the Commissioner of the Gangwon-do Police Agency, and the defendant did not have an obligation to obey such disposition (see, e.g., Supreme Court Decision 2009Do7597, Oct. 15, 2009). Thus, the defendant's driving on the date and time stated in the above facts charged does not constitute a non-exclusive driving, and there is no other evidence to prove the facts charged.
3. In conclusion, since the facts charged in this case constitute a case where there is no proof of crime, the defendant is acquitted under the latter part of Article 325 of the Criminal Procedure Act, and the summary of the judgment is publicly announced under Article 58(2) of the Criminal