beta
Text
The defendant shall be innocent.
Reasons
1. The summary of the facts charged is that the Defendant is a driver of C Ecuas car, and without a driver’s license around November 14:00 on November 7, 2008, the Defendant drives a vehicle at a distance of approximately 200 meters from the front edge of the motor vehicle attached to the motor vehicle located in Nam-gu, Daegu-gu to the half-month distance from the front edge of the motor vehicle located in the same Gu.
2. Determination
A. Article 93(1) of the Road Traffic Act provides that when a person who has obtained a driver's license falls under any of the following subparagraphs, the Commissioner of the Local Police Agency may revoke the driver's license in accordance with the standards prescribed by Ordinance of the Ministry of Government Administration and Home Affairs, and Article 93(1) of the Enforcement Rule of the same Act provides that "When the Commissioner of the Local Police Agency or the chief of a police station intends to revoke or suspend the driver's license pursuant to Article 93 of the Act, he/she shall send or issue a prior notice of disposition to suspend or revoke the driver's license in attached Form 81 to the person: Provided, That where it is impossible to confirm the person's address,
B. The Defendant stated in this court that, since he did not receive legitimate notification related to the revocation of driver's license, the revocation of driver's license cannot be deemed to have been effective, and that he was driving without knowing that the driver's license was revoked.
C. The investigation records of this case were destroyed due to the expiration of the preservation period, and according to the evidence submitted by the prosecutor during the public trial on July 5, 2007, the defendant's driver's license of the defendant was revoked on or around August 20, 2008, and the defendant was issued a summary order of KRW 1.5 million for the violation of the Road Traffic Act (unlicensed Driving) at the Daegu District Court on October 21, 2008, when driving a motor vehicle with no license even around August 20, 2008, and paid KRW 1.5 million for each fine due to the above case.