The defendant shall be innocent.

1. On June 27, 2019, at around 17:58, the Defendant driven B vehicles without obtaining a driver’s license on a section of about 15 km in the direction of Incheon, 1.3km from the French-si (hereinafter referred to as the “Sasan-si”) to the French Highway located in the Southern-gu Incheon Metropolitan City Do Do Do dong-dong (hereinafter referred to as the “YA”).

2. Determination

A. The Defendant was indicted on July 1, 2019 due to driving without a license on July 1, 2019, which was four (4) days after the date indicated in the instant facts charged. On August 12, 2020, the first instance court rendered a judgment of innocence and became final and conclusive on the following grounds:

(2) Article 93(3) of the Enforcement Rule of the Road Traffic Act provides that "the Commissioner of the Provincial Police Agency or the chief of a police station shall, when he/she has decided to suspend or revoke a driver's license pursuant to Article 93 of the Act, send or issue a notice of decision to revoke the driver's license in attached Form 82 to the person subject to the disposition: Provided, That if the person subject to the disposition cannot be notified because his/her whereabouts are unknown, he/she may substitute the notice by publicly announcing it for 14 days on the bulletin board of the police station having jurisdiction over the person's domicile entered in the driver's license register," and "the missing person" does not refer to the case where the person subject to the disposition resides in his/her domicile at once and without his/her domicile due to temporary outing, etc., and "the prior notice of the revocation of the driver's license" under Article 93(1) of the Enforcement Rule of the same Act refers to the case where it is impossible to confirm the person's domicile, etc. by ordinary means such as resident registration.

Supreme Court Decision 2005No. 1005 Decided June 10, 2005