The defendant shall be innocent.

1. On January 24, 2019, the Defendant is a person whose license was revoked at the Yangcheon Police Station of the Seoul National Police Agency on January 24, 2019, driving a vehicle owned by himself/herself.

On March 19, 2020, the Defendant, without obtaining a driver’s license on a motor vehicle from around 12:00, driving the said motor vehicle at approximately 11 km section in Gangseo-gu Seoul Metropolitan Government up to D.

2. Determination

A. The fact that a person who has obtained a driver's license for the relevant legal reasoning did not observe the rules that he/she shall not drive for any purpose other than the driving practice in the course of driving.

Even though sanctions such as cancellation of a practice driver's license may be imposed on non-compliance with the obligation, it shall not be punished by deeming the driving as non-exclusive license (see, e.g., Supreme Court Decision 2013Do15031, Jun. 24, 2015). (b) According to evidence duly adopted and investigated by this court, it is recognized that the defendant was issued a Class II ordinary license (the term of validity until March 3, 2021) on March 3, 202, and thus, in light of the above legal principles, the defendant's driving of a vehicle like the facts charged cannot be deemed as non-exclusive license.

3. In conclusion, the facts charged in this case constitute a case where there is no proof of crime, and thus, a judgment of innocence is rendered pursuant to the latter part of Article 325 of the Criminal Procedure Act, and the judgment of innocence is rendered pursuant to the proviso of Article 58(2) of the Criminal Act. It is so decided as per Disposition.