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The prosecutor's appeal is dismissed.
Reasons
1. Article 92, Paragraph 1, Item 1 of the Road Traffic Act provides for the obligation to possess a driver's license, etc. in driving a motor vehicle, etc., and the Geneva Conventions requires a driver who enters his/her territory to carry an international driver's license.
In addition, if an international driver's license is not considered to be a non-licensed driver, a lot of time is required to confirm the issuance of international driver's license, so it is virtually impossible to regulate a non-licensed driver.
At the time of the instant case, the Defendant was driving without holding an international driver’s license, and thus, the Defendant should be deemed to fall under a unauthorized driving as prescribed by the Road Traffic Act.
2. Determination:
(a) The statutoryism requires that crimes and penalties be determined by law in order to protect individual freedom and rights from the arbitrary exercise of the State’s penal authority;
In light of such purport, the interpretation of penal laws and regulations shall be strict, and the interpretation or analogical interpretation of the meaning of the explicit penal laws and regulations in the direction unfavorable to the defendant is not permitted as they are contrary to the principle of criminal justice (see Supreme Court Decision 2012Do4230, Nov. 28, 2013). (b) Articles 80(1) and 85(1) of the Road Traffic Act provide that any person who intends to drive a motor vehicle, etc. shall pass the driver’s license test and obtain a driver’s license from the local police officer, and Article 96(1) of the Road Traffic Act, which was concluded at Geneva by a foreign competent agency in 1949, or the Convention on Road Traffic concluded at Vienna in 1968, a person who has obtained an international driver’s license under the Convention on Road Traffic, which was concluded at Geneva in 1968, may drive the motor vehicle with the international driver’s license for one year from his entry into the Republic of Korea.
The Act stipulates.
Article 152 of the same Act shall apply to unlicensed driving.