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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. The summary of the grounds for appeal (misunderstanding of facts or misapprehension of legal principles) was revoked a driver's license on the ground that the Defendant was driving under the influence of alcohol, and was indicted as a crime of violating the Traffic Act (unlicensed driving) on the ground that he was driving under the influence of alcohol. While the Defendant cannot be recognized as driving under the influence of alcohol, the lower court convicted the Defendant on the ground that the revocation of the driver's license
However, since the cancellation of the above driver's license was revoked and its effect was retroactively terminated, the defendant was driving without a license.
subsection (b) of this section.
2. A person whose driver's license is revoked due to a violation of the Traffic Act on the road, has driven a motor vehicle;
Even if the driver's license was revoked by an administrative agency on the grounds of not guilty on the violation of the Road Traffic Act, the disposition of revocation of the above driver's license becomes retroactively effective as in the case of revocation by administrative litigation procedure, and the defendant was finally determined after the obligation to obey the disposition was not originally established.
It should be viewed (see, e.g., Supreme Court Decision 2002Do4597, Nov. 8, 2002; Supreme Court Decision 2007Do9220, Jan. 31, 2008). According to the above legal principles, the records, the Defendant: (a) was revoked on December 1, 2015 on the ground that the Defendant driven a motor vehicle while under the influence of alcohol on August 14, 2015; (b) on March 29, 2016, the Defendant was indicted as a crime of violating the Road Traffic Act (unlicensed Driving) while driving the motor vehicle while the driver’s license was revoked; and (c) on July 24, 2017, the Chuncheon District Court rendered a judgment of not guilty by the prosecutor on the ground that the Defendant driven the motor vehicle under the influence of alcohol on July 24, 2015 (the Defendant’s appeal was dismissed by the prosecutor on July 18, 2018).