Judgment

1. Article 43 of the Road Traffic Act prohibits a driver without a driver’s license provides that “No person shall drive a motor vehicle, etc. in cases where the driver’s license is not obtained from the Commissioner General of the Local Police Agency under the provisions of Article 80 or the validity of the driver’s license is suspended under the provisions of Article 80,” which separates cases where the driver’s license is not obtained or the validity of

Therefore, it cannot be interpreted that the ordinary meaning of the legal text of “out obtaining a driver’s license” includes “in a case where the driver’s license is issued and the driver’s license is suspended thereafter.”

In this regard, Article 152 subparag. 1 and 2 of the Road Traffic Act explicitly stipulate that the effect of a driver's license is subject to criminal punishment as in the case where the driver's license is suspended, while Article 154 subparag. 2 of the Road Traffic Act stipulates that "any person who drives a bicycle without obtaining a driver's license under Article 80 in violation of the provisions of Article 43 and drives a bicycle without obtaining a bicycle driver's license under Article 80" is subject to the punishment, and there is no mentioning that the driver drives a bicycle while the driver's license is suspended (see Supreme Court Decision 2011Do7725, Aug. 25, 201).