도로교통법위반(무면허운전)
The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.
1. On July 25, 2018, the Defendant: (a) around 16:18, the Defendant driven the instant charges from the alleys adjacent to the B building to the road front of the said building without a driver’s license.
2. Determination
A. The crime of violation of the Road Traffic Act is established when a driver drives a motor vehicle with knowledge that there is no valid driver's license. Thus, even if a driver drives a motor vehicle while the driver's license was revoked, if the driver did not recognize the cancellation, it cannot be deemed a crime of violation of the Road Traffic Act (free driver). Even if a lawful public announcement procedure was made in lieu of a notice of cancellation of a driver's license pursuant to Article 93(1) of the Enforcement Rule of the Road Traffic Act, it cannot be readily concluded that the driver knew of the cancellation of the driver's license. Whether the driver knew of the cancellation of the driver's license, the issue of whether the driver knew of the cancellation of the driver's license due to the same reason, whether the driver was guilty, whether the driver had the record of the cancellation of the driver's license, the reason why the driver did not receive a notice of cancellation of the driver's license, the length of
(See Supreme Court Decision 2004Do6480 delivered on December 10, 2004). B.
According to the evidence submitted by the Prosecutor, the Defendant acquired the ordinary driver’s license on June 23, 1992, and the ordinary driver’s license on June 28, 2002. The Defendant did not undergo an aptitude test after December 27, 2016, which is the expiration date of the aptitude test period. On October 16, 2017, the Defendant revoked the driver’s license without undergoing an aptitude test within one year from the expiration date of the aptitude test period.