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(영문) 의정부지방법원 2020.08.12 2019고단5012
도로교통법위반(무면허운전)
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. On July 1, 2019, the Defendant: (a) around 18:46, the Defendant driven a F-wing truck without obtaining a driver’s license from around 2 km section from the front and front of the road in the Dongducheon-si B to the E convenience store in the Dongducheon-si.

2. The defendant and his defense counsel did not have received a notice of the revocation of a driver's license, so the driver's license cannot be deemed to have been lawfully revoked, and there was no intention for driving without a driver's license due to his knowledge of the revocation of

3. Article 93(3) of the Enforcement Rule of the Road Traffic Act provides that "the Commissioner of the Local Police Agency or the chief of a police station shall, when he/she decides to suspend or revoke a driver's license pursuant to Article 93 of the Act, send or issue a notice of decision to revoke the driver's license in attached Form 82 to the person subject to the disposition: Provided, That if the person subject to the disposition cannot be notified because his/her whereabouts are unknown, he/she may give public notice thereof for 14 days on the bulletin board of the police agency having jurisdiction over the person's domicile entered in the driver's license register, and the term "not known location" refers to cases where the person subject to the disposition resides in his/her domicile and goes without his/her domicile due to temporary departure, etc., and it refers to cases where the person subject to the disposition is unable to confirm his/her address, etc. or it is impossible to send it by ordinary means, such as service of the notice of revocation of the driver's license" under Article 93(1) of the Enforcement Rule of the same Act.

Supreme Court Decision 2004Do8508 Decided June 10, 2005, Supreme Court Decision 2004Do8508 Decided June 10, 200

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