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(영문) 부산지방법원 동부지원 2013.11.26 2013고정1231
도로교통법위반(무면허운전)
Text

The defendant shall be innocent.

Reasons

The summary of the facts charged in the instant case is as follows: (a) even though the driving license was suspended from May 8, 2013 to June 16, 2013 by the Defendant, the Defendant was driving a Crenice car in the section of about 10km from Jun. 7, 2013 to the 2-dong office located in the Busan Young-gu Busan Metropolitan Government Busan Metropolitan City Transportation Daegu Metropolitan Government, even though the driving license was suspended, at around 12:20 on June 7, 2013.

The defendant asserts that he did not know about the suspension of license.

In light of the evidence such as the notice of the violation submitted by the prosecutor, the second written notice of the suspension of driver's license, the details of the second written notice of the suspension of the driver's license, the investigation report (B apartment 309 visit and investigation by guard room), the investigation report (B apartment 309 visit and investigation by guard room), the photograph of the work log of the security guard, the investigation report (delivery of registered mail), the notification of the suspension of driver's license (cancellation of suspension), and the written prior notice of the suspension of driver's license, it is insufficient to recognize that the defendant was driving even though he knew of the suspension of the driver's license. [It is difficult to view that the defendant was receiving the notice of the suspension of driver's license because he did not pay the penalty even though he was subject to the notification of the suspension of the driver's license because he did not pay the penalty, and that the defendant was aware of the fact of receiving the notice of the suspension of the driver's license. There is no evidence that the registered mail was delivered to the defendant since it was sent to the defendant after the delivery of the driver's license.

In addition, if the defendant knew that he is during the license suspension period, he is easy to do so.

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