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The defendant is innocent.
Reasons
1. On August 12, 2017, the Defendant: (a) driven a DNA vehicle without a driver’s license for a vehicle with approximately 5 km from the front road of Silsan-si to the front road of Silsan-si’s Gu C public announcementwon; (b) around 19:32 on August 12, 2017.
2. The public prosecution of this case was instituted on the premise that the Defendant’s driver’s license was revoked on June 14, 2017. The Defendant did not have received the notice of revocation of the driver’s license from the competent police station around the above date. Thus, the driver’s license was lawfully revoked.
In addition, since the driver did not know that the driver's license was revoked, there was no intention to drive without the driver's license.
3. Determination
A. Article 93(1) and (2) of the Enforcement Rule of the Road Traffic Act provides that “When the Commissioner General of the National Police Agency or the chief of a police station intends to revoke or suspend a driver’s license pursuant to Article 93 of the Act, he/she shall deliver or issue a prior notice of the suspension or cancellation of the driver’s license to the person subject to the disposition in attached Form 81, and the other party to the disposition in receipt of the said notice or his/her agent may attend the designated date or file an objection in writing.” Thus, in order to take effect of the revocation of the driver’s license, the head of a police station shall issue a “prior notice of the driver’s license cancellation” prepared in a certain form to the person
In that sense, according to the witness E’s legal statement, E, a police officer belonging to the Ansan-gu Police Station, discovered an act of driving during the period of suspension of the license by the defendant around March 2017 and investigated the defendant. On May 2017, he sent the defendant’s cell phone with a photographed “pre-determination of cancellation of driver license” (it cannot be viewed as a legitimate notification under the above provision) and the procedure for directly issuing the defendant’s prior notice or sending it by mail to the defendant’s residence.