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(영문) 서울북부지방법원 2019.01.31 2018고단4446

도로교통법위반(무면허운전)

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The defendant shall be punished by a fine of three million won. If the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 18, 2018, at around 11:00, the Defendant driven a D-to-purd vehicle owned by the Defendant without obtaining a driver's license on the road of approximately 5 meters in approximately the same section from the outside parking lot of Dongdaemun-gu Seoul Metropolitan Government building B to the same Gu C-building parking lot.

Summary of Evidence

1. Partial statement of the defendant;

1. E statements;

1. Application of the statutes on the register of driver's licenses;

1. Article 152 Subparag. 1 of the Act on Criminal Facts and Articles 152 Subparag. 1 and 43 of the Road Traffic Act, the choice of a fine (the defendant merely crosses a narrow road to move or park without the consent of the parking manager. As such, the defendant without the consent of driving, or the place where the defendant drives the vehicle is not a road under the Road Traffic Act, or the defendant's act is merely a simple parking act, and it cannot be deemed a driving act. According to the evidence adopted earlier, the vehicle and horse are used on the road according to its original purpose and use method (Article 2 Subparag. 26 of the Road Traffic Act). According to the evidence adopted earlier, the section between the parking lot outside the building B is a road with the width of 4.8 meters, and the defendant crosses the road between the parking lot outside the building B and the parking lot outside the building B. According to the above recognition facts, the defendant's assertion that the defendant's act of driving the vehicle without the consent of the defendant does not constitute an intentional act or rejection of the parking lot.

1. Articles 70(1) and 69 of the Criminal Act for the detention of a workhouse.