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(영문) 대구지방법원 2017.03.09 2016노5178
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. A summary of the grounds for appeal in this case’s driver’s license revocation notice to the Defendant shall be deemed valid, as long as a notification by registered mail was given without return, even though the Defendant was confined to the prison and did not reside in his/her domicile.

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous by misapprehending the legal principles.

2. Determination:

A. The lower court, based on the evidence submitted by the prosecutor, sent or publicly announced a notice of revocation of the instant driver’s license to the Defendant.

It is difficult to recognize

On the other hand, the facts charged of this case were pronounced not guilty on the ground that there is no proof of crime.

B. In order to revoke or suspend a driver's license pursuant to Article 93 (4) of the Road Traffic Act or to revoke a practice driver's license pursuant to paragraph (1) or (2), the Commissioner General of the National Police Agency of the Korean National Police Agency of the Korean National Police Agency shall, in advance, notify the parties to the disposition of the details and the deadline for submission of their opinions as prescribed by Ordinance of the Ministry of Government Administration and Home Affairs before taking the disposition, and when taking the disposition, he/she shall notify the grounds for the disposition and the period for filing an administrative adjudication as prescribed by Ordinance of the Ministry of Government Administration

Provided, That in order to revoke a driver's license on the grounds that the driver's license has not been inspected pursuant to Article 87 (2) or Article 88 (1), a conditional notice of the fact that the driver's license is revoked if the driver's license is not inspected before the expiration date of the aptitude test may be given to the party subject to the disposition, as prescribed by Ordinance of the Ministry of Government Administration and Home Affairs.

Article 93 (1) of the Enforcement Rule of the Road Traffic Act provides that "the Commissioner General of the National Police Agency or the chief of a police station shall revoke or revoke a driver's license in accordance with Article 93 of the Act.

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