Whether an employer who does not know that a person who does not obtain a driver's license drives a motor vehicle falls under Article 109 subparagraph 4 of the Road Traffic Act (negative)

Article 109 subparagraph 4 of the Road Traffic Act stipulates that the act of an employer, etc. requires a person who has not obtained a driver's license to drive a motor vehicle actively, and it is clear that the provision is not subject to punishment even if an employer, etc. knows that a person who has not obtained a driver's license is driving a motor vehicle

Articles 52(2) and 109 subparag. 4 of the Road Traffic Act

Defendant

Prosecutor

Daegu District Court Decision 98No1113 delivered on October 12, 1998

The appeal is dismissed.

We examine the grounds of appeal.

Article 40 of the Road Traffic Act prohibits a driver without a license, and Article 52 (1) of the same Act prohibits a driver without a license, a person who employs a driver of a vehicle, a person in a position to directly manage him, or a user of a vehicle, etc., and Article 40 (2) of the same Act provides that an employer, etc. shall not prevent a driver who is unable to drive a vehicle pursuant to the provisions of Articles 40 through 42 from driving or allow such driver to drive a vehicle, etc.

Article 109 of the same Act provides that a person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than one year or by a fine not exceeding one million won, and the person who has not obtained a driver's license (including a person whose validity of driver's license is suspended and a person who has not obtained a driving practice permit under Article 40(2)) in violation of the provisions of subparagraphs 4 through 52(2) refers to an employer who has made the person to drive a motor vehicle:

According to the relevant provisions, Article 109 subparagraph 4 of the same Act provides that the employer, etc. shall actively drive a motor vehicle to a person who has not obtained a driver's license, and it is clear that the provision is not subject to punishment even if the employer, etc. knows that a person who has not obtained a driver's license is driving a motor vehicle, etc. and does not prevent

According to the reasoning of the judgment below, the court below found the defendant not guilty on the ground that there is no evidence to acknowledge that the defendant had the non-indicted person who did not obtain a driver's license, and in comparison with the relevant evidence records, the court below did not err in violation of the rules of evidence against the above measures of the court below, and as long as it cannot be acknowledged that the defendant allowed the non-indicted person to drive a motor vehicle without a driver's license, even though the defendant employed the non-indicted as alleged by the prosecutor, and even if the non-indicted person knew that there was a high possibility that the non-indicted person would drive a motor vehicle without a driver's license, the non-indicted person cannot be punished as a violation of Article 109 subparagraph 4 of the Road Traffic Act, and therefore, the judgment of innocence of the court below is just and there is no error of law as argued by the prosecutor.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Park Jong-chul (Presiding Justice)