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(영문) 창원지방법원 2014.06.11 2013고단3830

도로교통법위반(무면허운전)

Text

The defendant is innocent.

Reasons

1. The Defendant was subject to a disposition suspending a driver’s license for a period from July 17, 2013 to August 25, 2013 by the Chief of the Kim Sea Police Station.

No person shall drive any motor vehicle when his/her driver's license is suspended.

Nevertheless, at around 03:50 on August 8, 2013, the period of the disposition suspending the above driver's license, the Defendant driven a Cmaz car on the road with approximately 300 meters away from the prefluor parking lot located in the Kim Jong-si, Kim Jong-si to the front road of the father-6 apartment located in the same Dong.

2. First of all, we examine whether the political disposition of driver's license against the Defendant (hereinafter "the disposition in this case") took effect lawfully prior to the determination.

Public notice of the disposition of the suspension of driver's license under Article 93 (4) of the Road Traffic Act and Article 93 (3) of the Enforcement Rule of the same Act, which is a method of replacing notice or notification to the person subject to the disposition of the suspension of driver's license, constitutes the effective requirement of the

Even if there is no legitimate notification or public notice under the above provision, the suspension of driver's license shall not take effect.

(See Supreme Court Decision 98Du9653 delivered on September 8, 1998, etc.). In addition, “the whereabouts of a person subject to disposition” under Article 93(3) of the Enforcement Rule of the Road Traffic Act refers to a case where the person subject to disposition is unable to confirm his/her address, etc. by ordinary means or is unable to send them,” and “the whereabouts of a person subject to disposition cannot be confirmed by ordinary means” means a case where the person subject to disposition cannot identify his/her address, etc., although the person subject to disposition is confirmed to not actually reside in his/her domicile entered in the driver’s license register

Supreme Court Decision 2004Do6583 Delivered on December 10, 2004