The defendant shall be innocent.

1. The Defendant is a person who drives a CAD car.

The driver's license of a defendant was cancelled on June 19, 2012 due to the unpaid aptitude test.

Nevertheless, around 14:50 on November 19, 2013, the above vehicle was driven around 40 kilometers from the second apartment parking lot in the Masan-dong, Masan-dong, Masan-si, to the ethoon-si, Jeonnsan-si, Jeonnsan-si, Jeonju-si Office of Education.

2. The crime of violation of Article 152 subparagraph 1 and Article 43 of the Road Traffic Act is established only when a person drives a motor vehicle with knowledge that there is no valid driver's license. Thus, even if a person drives a motor vehicle while the previous driver's license was revoked, it cannot be deemed as a crime of violation of the Road Traffic Act (unlicensed Driving) unless the driver recognizes the fact that the license was revoked, and the competent police authority issued a legitimate public notice in lieu of the notice

Even if so, it cannot be readily concluded that the driver was aware of the fact that the license was revoked. In such a case, whether the driver knew of such circumstances should be determined individually by taking into account the following factors: (a) the reason for revocation of the license and the seriousness of the illegal act that became grounds for revocation; (b) the existence of the record of revocation; (c) the reason why the license was revoked for the same reason; (d) the length of the period from the revocation to the driver’s act at issue; and (e) how the relevant statutes or

(See Supreme Court Decision 2004Do6480 Decided December 10, 2004, etc.). According to the records, the Defendant was granted a Class-I ordinary driver’s license on December 20, 2003. The period of the aptitude test is from December 19, 2010 to June 18, 201, and the Defendant was transferred to Gangseo-gu Seoul Metropolitan Government D on February 26, 201, and thereafter, the Defendant was not residing in the above domicile on March 30, 2012.