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(영문) 춘천지방법원 2013.11.25 2013재고단6
도로교통법위반(무면허운전)
Text

The defendant shall be innocent.

Reasons

1. On April 4, 2013, the Defendant: (a) around 16:00, driven a wing-off freight vehicle B without a vehicle driver’s license at a section of approximately 300 meters from the front of the Seongdong-si Hospital located in Chuncheon City, to the front day of the entrance of the Si Council located in Chuncheon City.

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 DPoter 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 sealed truck B on April 4, 2013 as indicated in the facts charged, and the Gangwon Provincial Police Agency revoked the driver's license against the Defendant on July 23, 2013.

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, it is so decided as per Disposition by deciding not guilty of the defendant under the latter part of Article 325 of the Criminal Procedure Act.

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