자동차손해배상보장법위반등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. Since the Defendant was not notified that his driver’s license was revoked, the Defendant did not have any criminal intent with respect to driving without a license.
B. The sentence that the lower court sentenced to the Defendant (an amount of KRW 1.5 million) is too unreasonable.
2. Determination
A. Fact-finding 1) The crime of violation of traffic law (unlicensed driving) is established only when a person drives a motor vehicle with knowledge of the absence of a valid driver's license. Thus, even if the previous driver's license was revoked, it cannot be deemed a crime of violation of traffic law (unlicensed driving) unless the driver recognizes the fact that the license was revoked. Whether the driver knew of the fact that the license was revoked, shall be determined specifically and individually by taking into account the following factors: (a) the severity of the act constituting the grounds for revocation; (b) the reason why the license was revoked for the same reason; (c) the period from the revocation to the driver's license; (d) how the driver did not receive the notice of revocation; and (e) the period from the date of the previous driver's license; and (e) how the driver changed the pertinent statutes or system during the period of 0.10 years (see Supreme Court Decisions 205Do7141, Jan. 26, 2006; 2008Do90, Dec. 24, 2017).