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(영문) 서울중앙지방법원 2016.05.18 2015고단7520
도로교통법위반(무면허운전)
Text

The defendant shall be innocent.

Reasons

1. From October 27, 2015 to December 5, 2015, the Defendant: (a) driven a C car at a section of about 2 km from the Gangseo-gu Seoul Metropolitan Government New-dong to the 519 U.S. Si, Yancheon-gu, Seoul, to the erode of the 519 U.S. high school; (b) on October 29, 2015, the validity of a C car was suspended for 40 days.

2. Determination

(a) Article 93 (Cancellation and Suspension of Driver's License) of the Road Traffic Act (4) In order to revoke or suspend a driver's license pursuant to paragraph (1) or (2) or to revoke a practice driver's license pursuant to paragraph (3), the Commissioner General of the Local Police Agency shall, in advance, notify the parties to the disposition of the details and the deadline for submission of their opinions, etc. before rendering the disposition, as prescribed by Ordinance of the Ministry of Information and Communication, and when rendering the disposition, he/she shall notify the grounds for the disposition and the period during which it is possible to file an administrative adjudication, etc.

Article 93 (Procedures for Suspension or Revocation of Driver's License) (1) When the Commissioner General of the National Police Agency or the chief of a police station intends to revoke or suspend a driver's license pursuant to Article 93 of the Act, he/she shall send or issue a prior notice of suspension or cancellation of a driver's license in attached Form 81 to the person subject to the disposition.

Provided, That where it is impossible to confirm the address, etc. of the relevant person by ordinary means or it is impossible to send it, notification may be substituted by publicly announcing it for 14 days on the bulletin board of the police officer having jurisdiction over the relevant person's domicile entered in the

Article 3 (Scope of Application) (1) Except as otherwise expressly provided for in other Acts, the procedures for dispositions, reports, administrative legislation, pre-announcement of administrative legislation, and administrative guidance (hereinafter referred to as "administrative procedures") shall be governed by this Act.

Article 14 (Service) (1) The service shall be made by means of mail, communication, or information and communications network, etc.

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