1. Summary of the facts charged

At around 00:10 on May 4, 2001, the Defendant, without a driver’s license, driven a motor vehicle on the Allied-gu Allied-gu No. 58Na4388 from the front day of the Maddong-dong, Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, to the front day of the Maddong-dong 1249 Goyang-gu, Goyang-si.

2. The judgment of the court below

In accordance with the records, the court below found the facts that the defendant purchased a private car for operating passenger transportation services after being released on April 11, 2001 and driven a motor vehicle without a driver's license on May 5, 2001 while driving the motor vehicle without a license. On June 8, 2001, the Seoul District Court issued a summary order of KRW 1,50,000 for a fine of KRW 1,50,000 for a violation of the Road Traffic Act (non-licenseless Driving) from the Southern Branch Branch of Seoul District Court on June 8, 2001 and confirmed the above summary order on September 2 of the same year. According to the above facts, the facts charged in this case are included in the facts charged in the case of violation of the Road Traffic Act (non-licenseless Driving) for which the above summary order became final and conclusive. Accordingly, the court below reversed the judgment of first instance that convicted the charges in this case and acquitted the judgment.

3. Judgment of the Supreme Court

We cannot agree with the court below's finding that the facts charged of this case are included in the facts charged of the violation of the Road Traffic Act (unlicensed Driving) for which the above summary order became final.

In the case of a violation of the Road Traffic Act due to a driving without a license, it is reasonable to view that there is one act of driving every driving day as of the day of driving on the basis of the day of driving by social norms except in special cases such as the case of continuous driving in the series of the same opportunities from which the day commences on the next day to the next day. Therefore, the crime of violation of the Road Traffic Act due to a driving without a license shall be established every day, and even if the act of driving without a license has been repeated for several days with a intention to continuously drive without a license, it shall not be deemed a crime

According to the records, the facts of the crime of the violation of the Road Traffic Act (unlicensed Driving) case for which the above summary order has been issued are revealed to be that the defendant, at around 11:35 on May 5, 2001, at around 5:5:00, from the 5-lane-dong, Guro-gu Seoul Metropolitan Government, 5km-gu to the front day of the Gelim apartment located in Guro-gu, Guro-gu, Seoul, 5 km-gu, 5 km-gu, 58Na4388, and the above facts of the crime and the facts of the crime of this case are the same vehicle for the vehicle driven by the defendant, but the driving day is different, and there is a difference between the front and the rear driving day, and there is no data to regard the rear driving act as one continuous driving act in a series of processes in the same opportunity under social norms, in light of the above legal principles, each of the above without a license shall be punished as a crime.

Nevertheless, the court below did not err in the misapprehension of legal principles as to the number of crimes of violation of the Road Traffic Act due to unauthorized driving, thereby affecting the conclusion of the judgment. The ground of appeal assigning this error is with merit.

4. Therefore, the judgment of the court below is reversed as unlawful, and the case is remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Seo-sung (Presiding Justice)