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The defendant shall be innocent.
Reasons
1. On November 8, 2013, the Defendant: (a) around 16:35, the Defendant driven a vehicle CK7 vehicle with a distance of about 3 km from the day before the K-si, the K-si, the K-si, the Sinsan-si, which is located in the Sinsan-si, to the day before the non-si-dong, to the day before the non-si-si, which is located in the same city.
2. Determination
A. The crime of violation of Article 109 subparagraph 1 and Article 40 (1) of the Road Traffic Act is established only when a person drives a motor vehicle with knowledge that there is no valid driver's license. Thus, even if a person drives a motor vehicle while the previous driver's license is revoked, it cannot be deemed as a crime of violation of the Road Traffic Act (free driver's license) unless the driver recognizes the cancellation of license, and the competent police authority has given a legitimate public notice in lieu of the notification
Even if so, it cannot be readily concluded that the driver was aware of the fact that the driver was revoked, and in each case, whether the driver was aware of such circumstances should be determined specifically and individually by taking into account the following factors: (a) the reason for revocation of the license and the severity of the illegal act that became grounds for revocation; (b) the existence of the record of having been revoked for the same reason; (c) the reason for not being notified of the disposition on revocation; (d) the length of the period from the revocation to the driving act at issue after the revocation; and
B. (Supreme Court Decision 2004Do6480 Decided December 10, 2004, etc.).
In this case, in light of the following circumstances, it is difficult to recognize that the defendant had been aware of the cancellation of license at the time of driving of the instant case, and there is no other evidence to acknowledge it.
1. When the period of the Defendant’s aptitude test expires on August 2, 2011, the competent police authority shall grant the driver’s license without undergoing the aptitude test as of May 22, 2012, and as of May 29, 2012, to the domicile of Yangsan-si D, and as of Simsan-si E on May 29, 2012.