(영문) 광주지방법원 2016.07.12 2015노3445 | 리걸엔진

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(영문) 광주지방법원 2016.07.12 2015노3445

교통사고처리특례법위반등

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The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal was as follows: (a) the Defendant possessed a driver’s license stating the warning that the driver’s license may be revoked without undergoing the aptitude test and the period of aptitude test; and (b) three years have passed since the Defendant’s driver’s license was revoked due to his/her failure to undergo a legitimate public notice procedure.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court and the lower court: (a) the Defendant was not notified of the revocation of the driver’s license; (b) the Defendant’s driver’s license was revoked by means of the publication procedure for the Defendant’s failure to receive the notice; and (c) the Defendant did not have any record of revocation of the license prior to the instant traffic accident; and (c) the Defendant did not have any other opportunity to know that the Defendant was revoked the driver’s license due to the lack of control in violation of traffic laws and regulations, such as imposition of penalties prior to the instant traffic accident; and (d) the evidence presented by the Prosecutor

There is insufficient evidence to acknowledge it, and there is no other evidence to acknowledge it.

On the other hand, the prosecutor lawfully announced that the driver's license of the defendant was revoked, and the defendant was aware of it.

The argument is asserted.

In fact, the Korean National Police Agency of Gwangju shall be recognized to legally announce the cancellation of driver's license to the defendant pursuant to Article 93 of the Enforcement Rule of the Road Traffic Act.

However, even if the notice against the defendant is lawful, the duty of notice of the police chief is stipulated as an administrative procedure to be followed when the driver's license is revoked in Article 93 of the Road Traffic Act and Article 93 of the Enforcement Rule of the same Act, which provides for the party to the disposition's ex post facto notification obligation, and the party to the disposition

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