The defendant shall be innocent.

1. The summary of the facts charged is that the license for driving motor vehicles has been suspended from March 7, 2015 to April 15, 2015, the Defendant, despite the fact that the validity of the license for driving motor vehicles has been suspended, around March 16, 2015, he/she driven approximately 1 km from March 16, 2015 to March 13:10, 2015, 101, Gwanak-gu, Seoul Special Metropolitan City, to 2, 2,

2. Article 43 of the Road Traffic Act prohibits a driver without a license provides that “no person shall drive a motor vehicle, etc. in a case where the driver’s license is not obtained from the Commissioner of the Local Police Agency or the validity of the driver’s license is suspended under Article 80, and such a person shall not drive a motor vehicle, etc. on an equal basis with a case where the driver’s license is

Therefore, it cannot be interpreted that “a person who obtained a driver’s license but subsequently suspended the validity of a driver’s license” is naturally included in the ordinary meaning of the legal words “out obtaining a driver’s license.”

However, Article 152 subparagraphs 1 and 2 of the Road Traffic Act explicitly provides that in relation to the driver's license for a motor vehicle, even in the case where the validity of the driver's license is suspended, the same as the case where the driver's license is not taken. On the other hand, Article 154 subparagraph 2 of the Road Traffic Act provides that "the person who drives a motor vehicle without obtaining a driver's license for a motor vehicle in violation of the provisions of Article 80" is subject to the punishment, and there is no mention in the case of operating a motor vehicle while the validity of the driver's license is suspended.

(see Supreme Court Decision 201Do7725, Aug. 25, 2011). Therefore, since the facts charged in this case constitute a crime, the facts charged in this case shall be pronounced not guilty pursuant to the former part of Article 325 of the Criminal Procedure Act, and the above defendant shall be on the date of pronouncement.