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(영문) 창원지방법원 2015.08.13 2015노32
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the judgment below which recognized the facts charged is erroneous in misconception of facts, even though the driving without a license is not a driving without a license, since the license was revoked unfairly on the grounds that the Defendant did not drive under the influence of alcohol in the past.

2. The head of a district police agency shall, when he/she intends to take a disposition to revoke or suspend a driver's license pursuant to paragraph (1) or (2) of this Article, notify the person subject to the disposition of the details of the disposition and the deadline for submitting his/her opinions in advance, as prescribed by Ordinance of the Ministry of Public Administration and Security, and when he/she takes such disposition, he/she shall notify the person subject to the disposition of the reason for the disposition and the period during which he/she may file an administrative appeal, as prescribed by Ordinance of the Ministry of Public Administration and Security, and Article 93 (1) of the Enforcement Rule of the Road Traffic Act shall provide that the commissioner of a district police agency or the chief of a police station intends to issue a prior notice of the disposition to revoke or suspend a driver's license pursuant to Article 93 of the Act.

If it is impossible to confirm the address, etc. of the person or to send it in the ordinary way, the term "where it is impossible to confirm the person's address, etc.," means the case where the person subject to the disposition resides in his/her domicile, and it is not the case where he/she goes to his/her domicile due to temporary appearance, etc., but his/her resident registration is the same address.

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