The defendant shall be innocent.

The Defendant of the facts charged is a person whose driver’s license was revoked on December 8, 2010, and in order to drive a motor vehicle, etc., he/she shall drive the motor vehicle after obtaining the driver’s license issued by the commissioner of the competent district police agency. However, on August 23, 2011, the Defendant drives a vehicle with the low-priced vehicle owned by himself/herself at approximately 50 meters from the lower school located in the same luminous housing site district to the second section located in the same luminous housing site district in the same luminous school site district.

Judgment

The term "road" in Article 2, subparagraph 1 of the Road Traffic Act means a road under the Road Act, a road under the Toll Road Act, an agricultural and fishing village road under the Act on the Maintenance and Improvement of Agricultural and Fishing Villages, and other open places in which it is practically necessary to ensure safe and smooth traffic of many unspecified persons, or vehicles and horses.

Comprehensively taking account of the evidence duly adopted and examined by this court, the place of this case where the Defendant was driven by the Defendant is mainly a place where the entrance was installed and managed at the 2nd construction site development project for the Gyeonggi-do City Urban Housing Site Development Project at the 2nd construction site, and the construction workers of the housing site development zone appear to have access to the said housing site development project. The evidence submitted by the prosecutor alone is difficult to view that the Defendant’s driving place constitutes an open place for passage of an unspecified number of people, vehicles, etc. and there is no other evidence to acknowledge

Therefore, the facts charged in this case constitute a case where there is no proof of crime, and thus, is acquitted under the latter part of Article 325 of the Criminal Procedure