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Main Issues
Whether a vehicle driving without a notice of revocation of driver's license is a non-licensed driving during the absence of such notice (negative)
Summary of Judgment
When the Mayor/Do Governor revokes a driver's license, he/she shall notify the person who has obtained the driver's license pursuant to Article 53 of the Enforcement Decree of the Road Traffic Act, and Article 53 (2) of the Enforcement Rule of the Road Traffic Act. Unless such notification is given, the cancellation of the driver's license cannot be effective, so the vehicle operation
[Reference Provisions]
Article 53 of the Enforcement Decree of the Road Traffic Act, Article 53 (2) of the Enforcement Rule of the Road Traffic Act
Escopics
Defendant
upper and high-ranking persons
Prosecutor
Judgment of the lower court
Daejeon District Court Decision 87No440 delivered on May 19, 198
Text
The appeal is dismissed.
Reasons
As to the Prosecutor’s Grounds of Appeal:
When the Mayor/Do Governor revokes a driver's license, he/she shall notify the person who has obtained the driver's license pursuant to Article 53 of the Enforcement Decree of the Road Traffic Act and Article 53 (2) of the Enforcement Rule of the Road Traffic Act. However, the revocation of the driver's license cannot take effect during the absence of such notification. Therefore, the judgment of the court below that the Defendant's vehicle operation cannot be deemed a driver's license cannot be deemed a driver
The issue is groundless.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Yoon Young-young (Presiding Justice)