207Do5047 Violation of the Road Traffic Act (Non-licensed Driving)

EE, E

Housing City:

Permanent Address Seoul

Prosecutor

Suwon District Court Decision 2006No1239 Decided June 5, 2007

September 7, 2007

The appeal is dismissed.

The grounds of appeal are examined.

Article 78 (3) of the former Road Traffic Act (amended by Act No. 7545 of May 31, 2005) refers to the case where the Commissioner of a Local Police Agency revokes or suspends a driver's license under the provisions of paragraph (1) or cancels a student license under the provisions of paragraph (2) of this Article, he shall notify the person who has obtained the driver's license or the student license of the fact: Provided, That where it is impossible to give notice due to the unknown whereabouts, notification may be substituted by giving public notice to the police agency having jurisdiction over the domicile stated in the driver's license for 10 days. The term "not known whereabouts" means the case where a person subject to the disposition resides in his domicile and goes without his domicile due to temporary outing, etc., and it does not refer to the case where it is impossible to confirm the address, etc. of the person subject to the disposition or where it is impossible to send it in a normal way as stated in the driver's license ledger or where it is impossible to confirm his domicile, etc. by 2014.

In light of the above legal principles and records, the court below acknowledged the facts as stated in its judgment, and found that the defendant sent the notice of the decision to revoke the driver's license to the defendant for the period of continuous residence in Silung-si to his domicile, and the reason for return of the decision was only "the absence of the recipient who is not known as the director or his whereabouts", and thus, it is not invalid to announce the cancellation disposition against the defendant on the bulletin board of Silung-gu Police Station to the purport that it cannot be seen as an "the whereabouts of the defendant is unknown" and therefore, it is just to determine that the driver's license of this case does not constitute a non-exclusive driver's license, and there is no error

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

Justices Park Si-hwan

Justices Kim Yong-dam

Justices Park Il-il

Justices Kim Nung-hwan