The defendant shall be innocent.

1. On July 19, 2016, the Defendant, without a driver’s license, driven a C-G passenger vehicle in approximately 2 km from the area near the market in Seongbuk-gu, Seongbuk-gu, Sungnam-si to the front day of the road traffic center located in the same Gu and located in the same Gu-dong, without a driver’s license.

2. According to the records, the defendant was subject to the disposition of revocation of driver's license on October 30, 2015 due to the charge of violating the Road Traffic Act (refluence of drinking), but the judgment of innocence against the above suspicion (see the Suwon District Court Decision 2016No 1933, May 12, 2017) became final and conclusive by the Supreme Court's dismissal decision on November 9, 2017, and the above disposition of revocation of driver's license was withdrawn on November 20, 2017.

If the above disposition of driver's license was revoked against the defendant, the above disposition of driver's license becomes retroactively effective as in the case of the cancellation by administrative litigation procedure, and the defendant was finally confirmed after the obligation to obey such disposition was not originally established.

It should be viewed (see, e.g., Supreme Court Decisions 2007Do9220, Jan. 31, 2008; 98Do4239, Feb. 5, 199). Therefore, the Defendant’s act of driving the instant vehicle cannot be deemed as a non-license, and there is no other evidence to acknowledge it otherwise.

3. In conclusion, since the facts charged in this case constitute a case where there is no proof of crime, a judgment of innocence is rendered after the latter part of Article 325 of the Criminal Procedure Act, and the purport of public announcement of judgment of innocence is not pronounced pursuant to the proviso of Article 58(2) of the Criminal