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(영문) 서울중앙지방법원 2016.06.29 2016고정1409

도로교통법위반(무면허운전)

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

From February 15, 2016 to April 9, 2016, the Defendant, even though the validity of the driver’s license was suspended, was driving a Crewing vehicle in the section of approximately 25 km from March 21, 2016 to March 21, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. An explanatory note;

1. The driver's license ledger;

1. The Defendant asserts to the effect that he was aware that the driver’s license was suspended from the date on which he returned the driver’s license to the police station.

However, according to the evidence of the judgment, since the defendant can recognize the fact that he received a notice of decision of suspension of driver's license stating the period of suspension of driver's license on January 7, 2016 by e-mail, the defendant was well aware that he had been

It is sufficient to accept the recognition.

In addition, the person who is punished for driving without a license during one license suspension period is the ordinary person's common sense, and even if the defendant's argument is based on the defendant's argument, the person can drive without having the license returned without having the public agency such as the police station or other public agency.

Since it is merely a self-reliance on the defendant's actual mistake, even if the defendant actually caused such mistake.

Even if there are reasonable grounds for such errors

[No.]

Application of Statutes

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and the selection of fines concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;