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(영문) 대전지방법원 2017.08.11 2016고정1344
도로교통법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is the person who operates C Co., Ltd.

Around 14:50 on March 17, 2016, Defendant D, an employee of the said C Co., Ltd., was driving a dump truck owned by the said C Co., Ltd. without obtaining a Class 1 driver’s license for one kind of dump truck on a road located in the 56-year ancient city in the case of a special self-government of Sejong.

2. Determination

A. Article 152 of the Road Traffic Act provides that a person who falls under any of the following subparagraphs shall be punished by imprisonment with prison labor for not more than one year or by a fine not exceeding three million won. Article 56(2) of the Road Traffic Act provides that "an employer, etc. who, in violation of Article 56(2), causes a person who has not obtained a driver's license (including a person whose validity of a driver's license has been suspended) to drive a motor vehicle," and Article 56(2) of the Road Traffic Act provides that a driver who is prohibited from driving a motor vehicle pursuant to Articles 43 through 45 shall not be aware that he/she is driving a motor vehicle or allow such a driver to drive a motor vehicle, etc.

B. However, there is no evidence to prove that the Defendant was aware of the absence of a Class 1 large license. Rather, according to the evidence duly admitted and investigated by the court, the following circumstances, namely, ① because the witness D only speaks that he/she was driving a large vehicle before towing, the question of what he/she had a license is hot.

He stated that he did not have been driving, so he did not have been driving (Evidence 36 pages of evidence), and this court also asked whether he has a driver's license or not to judge whether he has a driver's license, but he was aboard a large vehicle prior to the example.

Magmana, “Aband has been driving a large vehicle to other persons.”

The defendant stated that "the defendant was aware that he had a large license," and that he made a statement "(the recording note for witness D, 2 pages, 4 pages, 6 pages)," and 2 C Co., Ltd. (hereinafter referred to as "the defendant").

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