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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The notice of the decision to suspend the driver's license against the defendant is lawful, but the notice is not lawful.
Based on the judgment of the court below which acquitted the charged facts of violating the Road Traffic Act (unlicensed driving), the court below erred by misapprehending the legal principles, which affected the conclusion of the judgment.
B. As to the sentencing unfair (defendant and prosecutor), the defendant asserts that the sentencing unfair (one year and six months of imprisonment) sentenced by the court below is too unafford, and the prosecutor is too unafford and unfair.
2. Determination
A. Judgment 1 on the argument of misunderstanding of the legal principles 1) Although the Defendant’s summary of this part of the facts charged was under suspension of the driver’s license from November 8, 2016 to December 17, 2016, the Defendant driven the said car from the 100km section from the front of the Defendant’s residence on November 26, 2016 to the roads on which the Defendant’s dwelling was located in the Busan High Military Department, to the roads on which the Defendant’s dwelling was located in the Busan High Military Department.
2) In full view of the evidence, the lower court found that the Defendant was detained in an unconvicted case in relation to the Ulsan District Court from October 13, 2016 to October 26, 2016, which was the period for which the decision on the suspension of driver’s license against the Defendant was publicly announced, and found the Defendant not guilty of this part of the facts charged on the premise that the notice on the suspension of driver’s license was issued under the Road Traffic Act and the Enforcement Rule of the same Act.
3) Article 78(3) of the Road Traffic Act and Article 53-2(1) of the Enforcement Rule of the same Act provide that when the Commissioner General of the National Police Agency or the chief of a police station intends to revoke or suspend a driver’s license pursuant to Article 78 of the Act, he/she shall deliver or issue a prior notice of the revocation of the driver’s license in attached Form 52 to the relevant person.