(영문) 수원지방법원 2016.11.10 2016고정1855

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(영문) 수원지방법원 2016.11.10 2016고정1855

도로교통법위반(무면허운전)

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Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Despite the fact that the validity of the driver's license was suspended from March 8, 2016 to April 16, 2016, the Defendant driven a vehicle of about 1 km from March 10, 2016 to the front of the same three-dimensional distance in the same road, from March 11, 2016, around 11:30, Osan-si 137-3.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. A written statement on the operation of vehicles;

1. Application of statutes on disposition of driver's license suspension;

1. Relevant Article of the Act on Criminal Facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of fines and the selection of fines for the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant and the defense counsel’s assertion on the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act asserts that the Defendant did not know that his driver’s license was suspended due to the Defendant’s failure to receive the notice of decision of suspension of driver’s license, and that the Defendant did not know that the driver’s license was suspended due to the opening of mail and the confirmation of contents was impossible.

However, according to the evidence submitted by the prosecutor, it is reasonable in light of the empirical rule to view that the defendant received a notice of the decision to grant a driver's license political disposition in Gyeonggi E, which is the defendant's domicile on February 22, 2016, by a registered post (registration number F), and then signed by the National Police Agency, barring any special circumstance, if the defendant received a registered mail sent by the National Police Agency, then the contents of the registered mail was confirmed. There was no receipt of a postal item.

The defendant's defense that he did not open or open a postal item is difficult to accept.

참조조문

유사 판례

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