(영문) 전주지방법원 2014.09.26 2014노457 | 리걸엔진

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(영문) 전주지방법원 2014.09.26 2014노457

도로교통법위반(무면허운전)

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The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal by the prosecutor states that the driver's license in the case that the driver does not receive the aptitude test period and the driver's license in the case that the driver's license does not take the aptitude test, so the defendant recognized that the driver's license would be revoked if the driver's license is not taken the aptitude test within the period of the aptitude test, and considering the fact that the defendant drives without the driver's license more than two years after the expiration of the period of the aptitude test, the defendant was aware of the fact that the driver's license was revoked because he did not take the aptitude test, so even if the defendant's intention for driving without the driver's license in this case is recognized, the court below acquitted the

2. Determination

A. The summary of the facts charged in the instant case, even though the driver’s license was revoked on June 19, 2012 due to the unpaid aptitude test of the vehicle, the Defendant driven C-A-D motor vehicle at approximately 40 kilometers from the second apartment parking lot on the 14:50th day of the Masan-dong, Masan-si, Masan-si, the second apartment parking lot on November 19, 2013 to the NAN-si Office of Education in the Jeonsan-si, Masan-si.

B. In full view of the legal principles and circumstances as stated in its holding, the lower court rendered a judgment on the charge of this case on the ground that it is difficult to see that the Defendant was driving with the knowledge of the fact that the driver’s license was revoked at the time of the instant case and there is no other evidence to prove that the Defendant was aware of it, and thus, acquitted the Defendant on the ground that the facts charged in this case constituted a case where there is no evidence to prove a crime. Examining the reasoning of innocence in comparison with the evidence duly adopted and examined by the lower court, the lower court’s judgment is just and acceptable.

유사 판례

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