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The defendant shall be innocent.
Reasons
1. On June 23, 2017, the Defendant: (a) driven a C truck without obtaining a driver’s license from the Do in front of the Cheongju-dong, Cheongju-dong, Cheongju-do to the front road located in front of the 299km Busan-do, Cheongju-si; (b) around a approximately 60km section from the Do in front of the Cheongju-si, Cheongju-dong, Cheongju-
2. The gist of the Defendant’s assertion was known to have been exempted from the execution of the disposition of driver’s license by paying the penalty prior to the occurrence of the instant case. However, in fact, the Defendant was not exempted from the execution of the disposition of driver’s license because the penalty was paid only by the
Therefore, the defendant did not have the intention to violate the Road Traffic Act (unlicensed driving).
3. Determination
A. On July 19, 2016, the Defendant was subject to a penalty of KRW 60,000 as “violation of signal or instruction”.
2) The Defendant did not pay the above penalty; on February 14, 2017, visited the civil petition office of the police station around February 14, 2017 and received a notice of penalty payment again.
3) After that, the Defendant did not pay the above penalty, and the Defendant did not comply with the final judgment claiming the unpaid penalty.
4) On March 8, 2017, Defendant sent a notice of prior suspension of driver’s license (40 days of suspension of license), around April 12, 2017, notice of first-class suspension of driver’s license (from May 20, 2017 to June 28, 2017), and notice of second-class suspension of driver’s license (from May 20, 2017 to June 20, 2017) around April 20, 2017, respectively.
The defendant received each of the above documents around each of the above dates, and the notice of the second driver's license suspension was served around April 24, 2017.
5) The notification of the decision on the suspension of driver's licenses for each of the above vehicles is to be executed after submission of documents (such as receipts for payment of penalties) to the police authorities after the person subject to the disposition of the suspension of driver's licenses due to the unpaid penalty paid 1.5 times the penalty amount.