The defendant shall be innocent.

1. The summary of the facts charged is that the driver’s license was suspended from April 19, 2015 to May 28, 2015, the Defendant driving B Lart truck at a point 383 km on the upstream line of the border border in the east-si of Gyeongsung-si on May 1, 2015, even though the driver’s license was suspended, at around 22:20 on May 1, 2015.

2. Determination

A. The Defendant alleged that he/she was unaware of the suspension of his/her driver’s license at the time of May 1, 2015, and thus, whether the suspension of the Defendant’s driver’s license was legally effective as of May 1, 2015.

B. According to Article 93 of the Road Traffic Act and Article 93 (3) of the Enforcement Rule of the same Act, the disposition of suspension of driver's license by an administrative agency shall become effective when the person subject to the disposition is legally notified. However, if the person subject to the disposition cannot be notified because his/

In this case, the term "where the person's address, etc. is unable to be confirmed or sent in an ordinary way" means the case where the person is unable to confirm his/her address, etc. in the ordinary way, and even though the person is confirmed to not actually reside in his/her address entered in the driver's license register, resident registration means the case where the person's address cannot be confirmed by ordinary method

According to evidence, on March 10, 2015, the Chief of Mineyang Police Station issued a disposition of suspension of license to the defendant on March 10, 2015, and on March 17, 2015 and the same year.

4. 6. 6. Two times a notice of suspension of license was sent to “Mayang-si C, 202,” which is the domicile of the defendant, but the notice sent on March 17, 2015 cannot be known whether it reached the delivery or not, and the notice sent on April 6, 2015 was returned on the ground of “closed absence,” and it is only recognized that it was publicly announced on April 23, 2015.

According to this, the notification of the disposition of suspension of license seems to have not been properly delivered to the defendant before the notification, and further, the notification of the disposition of suspension of license is deemed to be returned.