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(영문) 서울중앙지방법원 2012.11.22 2012고정5853

도로교통법위반(무면허운전)등

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. The Defendant violated the Road Traffic Act (unlicensed Driving) on June 16, 2012, without obtaining a driver’s license at around 21:16, the Defendant driven a Poter B 10 km freight vehicle from the upper end of the Yannam-gun, Yannam-gun to the upper end of the Yancheon-dong, Yancheon-si, Yancheon-do.

2. The Defendant was found to have driven the said vehicle at the time and place specified in paragraph (1) and was asked C to present a driver’s license due to the detection of the said vehicle by driving without a license.

Accordingly, the defendant, who was holding at the time, presented Class 2 ordinary driver's license for D in the name of the Seoul Metropolitan Police Agency, as if he were the defendant's driver's license for the defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

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

1. Relevant legal provisions concerning the facts of crime, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose the punishment, and Article 230 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;