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(영문) 창원지방법원 통영지원 2014.04.18 2013고정684
도로교통법위반(무면허운전)
Text

The defendant shall be innocent.

Reasons

1. Around 15:40 on July 29, 2013, the Defendant: (a) driven a DNA-learning car without a car driver’s license from approximately 2 km section from around 15:40 to the day before the stalking in the same city and south-dong.

2. The “disposition notice” under Article 93(4) of the Road Traffic Act and Article 93(3) of the Enforcement Rule of the same Act, which was formulated by delegation of the same Act, is a requirement for the revocation of a driver’s license, and thus, the administrative agency revoked the driver’s license.

Even if there is no legitimate notification or public notice under the above provision, the revocation disposition of the license does not take effect (see, e.g., Supreme Court Decision 98Du9653, Sept. 8, 1998). With respect to the instant case, the Health Unit and the Police Agency of the Gyeongnam National Police Agency notified the Defendant of the revocation disposition of the driver’s license (hereinafter “instant disposition”) on two occasions on November 14, 2012 and November 23, 2012, but all were returned to “the addressee’s absence”; the police officer of the Gyeongnam National Police Agency returned the instant disposition to “the addressee’s absence” twice, and the notification of the instant disposition was announced on the bulletin board on December 7, 2012, and the Defendant, at least from December 23, 2004 to December 23, 2004, can be recognized by the record that the Defendant actually resided in the same domicile at the same time.

However, Article 93 (3) of the Enforcement Rule of the Road Traffic Act, which is a requirement to notify by public notice on a bulletin board, does not refer to cases where a person subject to the disposition resides in his/her domicile at his/her domicile and leaves his/her domicile temporarily, etc., but refers to cases where the person is unable to confirm his/her address, etc. by ordinary means, such as the service of a “written prior notice on the revocation of driver’s license” under paragraph (1) of the same Article,

In other words, "where the location is unknown" under Article 93 (3) of the Enforcement Rule of the Road Traffic Act is the subject.

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