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(영문) 수원지방법원 평택지원 2019.08.30 2018고정338
도로교통법위반(무면허운전)
Text

The defendant shall be innocent.

Reasons

1. On May 9, 2018, the Defendant, without obtaining a driver’s license at around 19:25 on May 9, 2018, driven an E Uidi A6 car from approximately 500 meters away from the road near Pyeongtaek-si B market to the front road in Pyeongtaek-si C.

2. Determination

A. The defendant and his defense counsel asserted that the defendant did not know that his driver's license was suspended at the time of the instant case.

B. Article 93(1) and (2) of the Enforcement Rule of the Road Traffic Act provides that “When the commissioner of a regional police agency or the chief of a police station intends to suspend or suspend a driver’s license pursuant to Article 93 of the Act, he/she shall send or issue a prior notice of the suspension or cancellation of a driver’s license to the person subject to the prior notice of the suspension or cancellation of the driver’s license in attached Form 81, and in cases where his/her address, etc. is not verifiable or it is impossible to send it by ordinary means, he/she may substitute the notice by publicly announcing it for 14 days on the bulletin board of the police agency having jurisdiction over the person subject to the driver’s license registry. Therefore, in order to take effect of the cancellation of the driver’s license, the head of a regional police agency or the chief of a police station shall issue the prior notice of the cancellation of the driver’s license to the person subject to the prior notice of the suspension or cancellation by mail.”

Provided, That if a person subject to the disposition is unable to notify because his/her whereabouts are unknown, such notification may be substituted by publicly announcing it for 14 days on the bulletin board of the police station having jurisdiction over his/her domicile entered in

"The location unknown" is defined as "the person subject to the disposition is at his domicile."

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