The case holding that an act of driving a motor vehicle during the period of disposition of suspension as prescribed by the ruling constitutes a non-licensed driving even if the administrative appeal for revocation of a driver's license has been adjudicated to change it to a disposition of suspension.

The case holding that an act of driving a motor vehicle during the period of disposition of suspension as prescribed by the ruling is an act of driving a motor vehicle without a driver's license even though it has been ruled that the revocation disposition is changed to a disposition of suspension.

Articles 40(1) and 109 subparag. 1 of the Road Traffic Act

Supreme Court Decision 98Do318 delivered on April 10, 1998

Defendant

Prosecutor

Rule of Demotion

Ulsan District Court Decision 2004 High Court Decision 2118 decided Jan. 12, 2005

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted by 50,000 won into one day.

Grounds for Appeal and Determination

1. Summary of grounds for appeal;

Although the defendant was driving a motor vehicle under the revocation of the driver's license, the court below erred by misapprehending the validity of the decision to change the revocation of the driver's license for the defendant into the suspension of the driver's license for the motor vehicle and thereby making the revocation of the driver's license for the motor vehicle changes to the suspension of the license due to the adjudication, the first suspension of the license before the revocation of the driver's license shall be deemed to have no retroactive disposition. The court below erred by misapprehending the legal principles on

2. Determination:

Therefore, we examine whether the defendant's act constitutes a non-licensed driving.

A. Summary of the facts charged in this case

The summary of the facts charged of this case is that "the defendant operates a gas station, and drives (motor vehicle registration number omitted) the motor vehicle owned by the non-indicted corporation, and the driver's license was revoked on May 7, 2004 due to drinking, but around 15:40 on August 19, 2004, the above vehicle was driven at a distance of about 500 meters on the road front of the water market located in Ulsan-gu, the National Bank of the Republic of Korea near the Suwon-dong, and then driving the above vehicle at a distance of about 150 meters on the road in front

B. The judgment of the court below

According to the copy of the ruling bound in the trial records, and each statement of the decision of disposition of disposition of disposition of driver's license, the court below found the defendant to have received the disposition of cancellation of driver's license as of May 7, 2004 from the commissioner of the Ulsan Metropolitan City Police Agency on April 21, 2004, but filed an administrative appeal against the above disposition agency on September 17 of the same year, and decided that "the disposition of cancellation of the first-class ordinary driver's license as of May 7, 2004 is changed to that of disposition of suspension of first-class ordinary driver's license as of 110 days from the ruling agency on May 7, 2004." After that ruling, the defendant was not guilty of the above disposition of suspension of driver's license as of September 4, 2004 from the chief of the Ulsan Metropolitan City Police Agency on December 2, 2004, since the defendant was not guilty of the above disposition of cancellation of driver's license as of December 9, 2004.

C. Determination of party members

Therefore, according to the evidence cited by the court below, the defendant was found to have been notified by the chief of the Ulsan Metropolitan City Police Agency on April 21, 2004 of the revocation disposition of the first class ordinary driver's license and filed an administrative appeal against the defendant as of May 7, 2004, and the Commissioner of the National Police Agency, which is the ruling authority, decided on September 4, 2004 against the defendant's administrative appeal, that "the revocation disposition of the first class ordinary driver's license as of May 7, 2004 against the claimant on April 21, 2004 shall be changed to that of the first class ordinary driver's license as of 110 days." After the above ruling, the chief of the Ulsan Metropolitan City Police Station decided that the defendant's suspension disposition of the first class ordinary driver's license as of September 4, 200 to December 2, 204 is recognized.

On the other hand, Article 32 (3) of the Administrative Appeals Act provides that "if a ruling authority acknowledges that a request for a cancellation trial is well-grounded, it shall revoke or modify the disposition, or order the disposition to revoke or change the disposition to the disposition authority." Thus, the administrative ruling of the National Police Agency in this case is a so-called form ruling that "the cancellation or change of the disposition directly" rather than ordering the disposition to the disposition authority in the form of the order, "the cancellation or change of the disposition." The cancellation disposition of the first-class ordinary driver's license issued by the defendant on May 7, 2004, which was issued by the above ruling by the Commissioner General of the National Police Agency, was changed to the first-class ordinary driver's license disposition of 110 days retroactively from the date of the original disposition due to the retroactive effect of the ruling of the cancellation trial (in the absence of any mentioning mentioning the starting point in the ruling on May 7, 2004).

Therefore, as of August 19, 2004 of the problem of this case, the driver's act of driving on May 7, 2004 falls under the case of driving during the period of suspension of license within 110 days from May 7, 2004, which is the period of suspension of license, and thus constitutes the element of the act of unauthorized Driving under Articles 109 subparagraph 1 and 40 (1) of the Road Traffic Act (see Supreme Court Decision 98Do318, Apr. 10, 1998).

(A) The head of Ulsan-nam Police Station, who was delegated a disposition of license suspension by the Commissioner of the Ulsan-gu Police Agency, the original disposition agency after the ruling was made by the Commissioner of the National Police Agency, seems to have suspended the validity of the driver's license for 90 days from September 4, 2004 to December 2, 2004." However, it is clearly stated that the subsequent disposition by the head of the Ulsan-Namnam Police Agency, as seen above, is in violation of the purport of the cited ruling by the Commissioner of the National Police Agency and has a formation effect.

3. Conclusion

Therefore, the judgment of the court below shall be reversed ex officio in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment of the court below shall be reversed in its entirety, and it shall be decided again as follows, through oral pleadings, by misunderstanding of facts or misunderstanding of legal principles, thereby adversely affecting the

Punishment of the crime

The Defendant, at around 15:40 on August 19, 2004, driven a car owned by Nonindicted Co., Ltd. (automobile registration number omitted) at approximately 500 meters in quantity to the roads front of the car market on the road after the Kamamba-dong National Bank located in Ulsan-gu, Chungcheongnam-gu, Seoul Metropolitan City National Bank, and driving a car for the franchise.

Summary of Evidence

1. Statement by the accused that the driver has driven a motor vehicle at a place as stated in the facts charged and there is a fact that the Commissioner General of the National Police Agency has been adjudicated to change the disposition to a disposition to revoke the driver's license for 110 days on September 4,

1. Registers of driver's licenses;

1. Inquiry into the enemy;

Application of Statutes

1. Article applicable to criminal facts;

Article 109 (Selection of Fine) and Article 40 (1) of the Road Traffic Act.

1. Invitation of a workhouse;

Articles 70 and 69(2) of the Criminal Act

Judges High-Level (Presiding Judge)