(영문) 인천지방법원 2017.05.31 2017노746 | 리걸엔진

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Reasons

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크기(pt)

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(영문) 인천지방법원 2017.05.31 2017노746

도로교통법위반(무면허운전)

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The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) is as follows: (a) the Defendant sent a notice of disposition to revoke the driver’s license on two occasions more than one year after the lapse of one year without undergoing a aptitude test; and (b) the date of return and the date of return and the date of return are blank; and (c) the above notice was legally notified to the Defendant.

Even if the Defendant did not receive the above notice, at the time of driving this case’s without a license, which was made on June 24, 2010 after six years of the cancellation of the driver’s license on June 24, 2016, the Defendant knew that his driver’s license was revoked.

It is reasonable to view it.

Unlike this, the lower court that acquitted the Defendant of the facts charged of this case has erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. Determination

A. (1) The relevant legal provisions and legal principles are as follows: (a) the Road Traffic Act and the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 2011; hereinafter the same) relating to the instant case.

(3) A person who has obtained a Class II driver's license shall obtain a renewed driver's license from the local Commissioner General of the National Police Agency within the renewal period of the driver's license according to the following classification:

1. The first renewal period of driver's license is within 6 months from the date on which 9 years have elapsed counting from the date on which he/she passes the driver's license test under Article 83 (1) or (2);

2. The renewal period of driver's license, other than that referred to in subparagraph 1, shall be within six months from the date nine years elapse counting from the date the immediately preceding renewal period of driver's license begins (Revocation or suspension of driver's license) (1) The local Commissioner General of the National Police Agency shall grant a driver's license (excluding

When a person who has obtained a driver's license falls under any of the following subparagraphs, the driver's license may be revoked or the driver's license may be suspended for a period not exceeding one year according to the standards determined by Ordinance of the Ministry of Administrative Safety:

유사 판례

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