도로교통법위반(무면허운전)
The judgment of the court below is reversed, and the case is remanded to Suwon District Court Panel Division.
The grounds of appeal are examined.
1. The purpose of this Act is to ensure the safe and smooth flow of traffic by preventing and removing all dangers and obstacles to traffic on roads;
"A person who intends to drive a motor vehicle, etc." in the main sentence of Article 80 (1) shall obtain a driver's license from the local Commissioner General of the National Police Agency.
Article 85(1) provides that "A person who intends to obtain a driver's license shall pass the driver's license test."
A person who has obtained a driver's license (hereinafter referred to as "international driver's license") in accordance with any of the Convention on Road Traffic concluded at Geneva in 1949 or the Convention on Road Traffic concluded at Vienna in 1968 and issued a driver's license (hereinafter referred to as "international driver's license") for the purpose of obtaining a driver's license, as well as the detailed provisions concerning qualifications for obtaining a driver's license, grounds for disqualification, driver's license, test of aptitude, test of aptitude, revocation of a driver's license, etc. under Article 96(1) can drive a motor vehicle, etc. with such international driver's license "for one year from the date of entry into the Republic of Korea" without obtaining a driver's license from the local police officer in accordance with Article 80(1).
Article 152 (1) through (80) of the Road Traffic Act provides that a person who drives a motor vehicle without a driver's license (excluding a motor device bicycle license) under Article 152 (1) of the Road Act or without an international driver's license under Article 96 (including the case where the driving is prohibited and the term of validity expires) shall be punished as a crime of violating the Road Traffic Act (non-license)
In full view of the legislative intent and purpose of the Road Traffic Act, the driver's license system, and the structure and contents of the regulations for the punishment of unauthorized driving, the Road Traffic Act obtains a driver's license according to the procedures prescribed by the Road Traffic Act, such as driver's license tests, in order to prevent traffic risks and ensure safety.