A. Whether the disposition of suspension of a driver's license is effective where the driver fails to return his/her driver's license despite a legitimate notification or notice (affirmative)

B. The scope of deliberation on errors in law where the execution of the disposition of suspension is delayed if the driver’s license is not returned without reporting the driver’s license, and it is believed that the driver’s license during that period is not drive without obtaining a license.

A. The disposition of suspension of driver's license takes effect, regardless of whether or not the driver's license is returned under Article 79 of the former Enforcement Decree of the Road Traffic Act (amended by Presidential Decree No. 13618 of March 14, 192), if there is a legitimate notification under Article 53 (1) of the former Enforcement Decree of the Road Traffic Act (amended by Presidential Decree No. 13618 of March 14, 192), or if there is a legitimate notification under Article 53 (2) of the former Enforcement Decree of the Road Traffic

(b) If the execution of a disposition of suspension is delayed due to a failure to return a driver's license, it is necessary to consider whether the execution of the disposition of suspension is delayed, if the driver's license is not returned, by adding 1/2 of the delayed period to the delayed period of suspension, and whether the execution of the disposition of suspension is delayed, and whether the operation during that period is not a driver's license, but a driver's license is not a driver's without a license, and if there is a justifiable reason because it cannot be deemed that

A. Articles 78 and 79 of the former Road Traffic Act (amended by Act No. 4421 of Dec. 14, 1991); Article 53 (b) of the Enforcement Decree of the same Act (amended by Presidential Decree No. 13618 of Mar. 14, 1992); Article 16 of the Criminal Act

A. Supreme Court Decision 91Do223 delivered on March 22, 1991 (Gong1991,131) 91Nu2588 delivered on November 8, 1991 (Gong1992,129) 92Do3045 delivered on March 23, 1993 (Gong1993,132) 88Do1141 delivered on February 28, 1989 (Gong1989,562) 91Do2525 delivered on May 22, 192 (Gong192,2055)

A

A co-inspector;

Seoul Criminal Court Decision 92No3318 delivered on July 29, 1992

The judgment of the court below is reversed and the case is remanded to the Panel Division of the Seoul Criminal Court.

We examine the grounds of appeal.

(1) The summary of the facts charged against the defendant is that the defendant was injured by occupational negligence while driving a motor vehicle on October 20, 1991, even though he was subject to the disposition of suspension of driver's license for 100 days from October 8, 1991 to October 30, 199, while driving the motor vehicle on October 20, 191. While recognizing the above facts of the traffic accident, the court below rejected the defendant's decision on the disposition of suspension of driver's license for 10 days from October 4, 191 to October 8, 1991 and did not return the driver's license as prescribed in the notice, and the execution of the disposition of suspension by the above suspension of suspension of driver's license for 10 days from November 12, 191 to January 30, 192, the court below ruled that the defendant was not guilty due to the violation of the Road Traffic Act concerning the violation of the Road Traffic Act.

(2) However, Article 78 of the Road Traffic Act (amended by Act No. 4421 of Dec. 14, 1991) provides that the Commissioner of the Local Police Agency may cancel the driver's license or suspend the validity of the driver's license within the scope of one year in certain cases according to the standards prescribed by the Ordinance of the Ministry of Home Affairs. As to the procedure, Article 53 (1) of the Enforcement Decree of the same Act provides that when the commissioner of the Local Police Agency revokes or suspends the driver's license under Article 78 of the same Act, he shall notify the person who obtained the driver's license of the fact as prescribed by the Ordinance of the Ministry of Home Affairs. Paragraph (2) of the same Article provides that if it is impossible to give notice of the change of address due to the change of the driver's license under paragraph (1) of the same Article, the notification can be replaced by the notification on the bulletin board of the police station having jurisdiction over the place of residence recorded in the driver's license for 10 days, and Article 79 of the same Act provides that the above disposition of suspension of driver's license shall be null and void.

(3) However, according to the records, if a person who was determined to be subject to the disposition of driver's license fails to return his/her driver's license by the scheduled date of the disposition and the execution of the disposition of driver's license is delayed, the Defendant is aware that the execution of the disposition will be delayed, and if he/she fails to return his/her driver's license, he/she is believed to have failed to do so in accordance with the attached Form No. 52 of the Enforcement Rule of the above Act, which states that "if the execution of the disposition of driver's license is delayed because he/she fails to return his/her driver's license by the scheduled date of the disposition, he/she shall be aware that the execution of the disposition of suspension will not be delayed, and if that fact is true, he/she shall be mistaken that his/her act at the time of the instant driving is not a non-driving driver's license, and there is a need to pay attention to

(4) On the grounds above, the lower judgment is reversed and remanded. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Choi Jae-ho (Presiding Justice)