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The defendant shall be innocent.
Reasons
1. The summary of the facts charged was around 10:35 on September 6, 2013, the Defendant driven a Drocketing car without a driver’s license from a section of about 3 km from the front day of Yongsan-gu, Seoyang-si to the front day of the “New Copill,” located in the Dong-dong, Sinsan-dong.
2. The above facts charged are crimes falling under Article 152 subparag. 1 and Article 43 of the Road Traffic Act, and is established only when a vehicle is operated with knowledge of the absence of a valid driver’s license. Thus, even if a driver was driving a motor vehicle with knowledge of the absence of a valid driver’s license, it cannot be deemed a crime of violation of the Road Traffic Act (free driver’s license) unless the driver was aware of the cancellation of the license, and the competent police authority issued a legitimate public
Even if so, it cannot be readily concluded that the driver was aware of the fact that the driver was revoked, and in each case, whether the driver knew of such circumstance should be determined specifically and individually by taking into account the following factors: (a) the reason for revocation of the license and severity of the illegal act that became the reason for revocation; (b) the existence of the record of being revoked for the same reason; (c) the reason for not being notified of the disposition on revocation; (d) the length of the period from the revocation to the driving act at issue after the revocation of the license; and
In this case, according to the fact-finding results, although the defendant was originally holding the driver's license, the fact that the defendant did not renew the driver's license by the expiry date of the period of the aptitude test ( June 9, 2010), and the Commissioner of the North Korean Police Agency's driver's license for the defendant from June 10, 201 to June 9, 201.
9. A period that has been suspended until 27.
9. It shall be cancelled as of 28.
‘The fact that the driver's license was suspended or revoked, and the above disposition is not served on the defendant.