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(영문) 수원지방법원 2017.01.25 2016노7870
특정범죄가중처벌등에관한법률위반(위험운전치사)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding the facts and misapprehension of the legal principles (as to the violation of road traffic law (or without a license), a notice of conditional revocation of driving license was sent to the Defendant’s residence around November 24, 2009 and around December 1, 2009, and the mail sent by an administrative agency in a usual way in accordance with the procedure of operation was sent to the other party unless it was returned.

It is reasonable to view it.

The Defendant revoked a driver’s license on February 9, 2010, and there was a time interval of at least five years from October 8, 2015, which is the date and time of driving without a driver’s license, and thus, if he driving a motor vehicle without undergoing a aptitude test even after the period of validity indicated in the driver’s license expires for at least five years, the Defendant was aware of the fact that the Defendant knew of the de

must be viewed.

Nevertheless, the judgment of the court below which acquitted the defendant on the violation of the Road Traffic Act (unlicensed driving) is erroneous or erroneous in the misapprehension of legal principles.

B. The sentence of the lower court’s unfair sentencing (two years of imprisonment) is too uneased and unfair.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. The crime of violation of Article 109 subparagraph 1 and Article 40 (1) of the Road Traffic Act is established only when a driver drives a motor vehicle with knowledge of the absence of a valid driver's license. Thus, even if a driver drives a motor vehicle while the previous driver's license was revoked, it cannot be viewed as a crime of violation of the Road Traffic Act (unlicensed driving) unless the driver recognizes the cancellation of the license, and even if the competent police authority issued a legitimate public notice in lieu of the notification of the driver's license, the driver becomes aware of the fact that the driver's license was revoked.

In such cases, the reason for cancellation of the license and the seriousness of the illegal act which served as the reason for cancellation, and the existence of the record of cancellation of the license for the same reason in each case in which the driver knew of such circumstances;

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