도로교통법위반(무면허운전)
Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On March 12, 2018, the Defendant driven a Down Motor Vehicle without a driver's license in approximately 2 km section from the government-run 09:20 on March 12, 2018 to the roads adjacent to the Western and underground streets of the Government of the Republic of Korea to the same citizens.
Summary of Evidence
1. Partial statement of the defendant;
1. Report on the circumstances of driving without a driver's license, details of conditional revocation of driver's license, results of investigation, ledger of driver's license, and inquiry into the vehicle;
1. Application of Acts and subordinate statutes to inquiries, such as criminal history;
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. As to the issue of Article 334(1) of the Criminal Procedure Act, the Defendant and his defense counsel did not notify the Defendant of the lawful revocation of a driver’s license, and the Defendant did not intend to drive without the driver’s license on January 30, 2018 because he was unaware of the revocation of a driver’s license on January 30, 2018.
The argument is asserted.
In light of the following circumstances, the evidence duly adopted and examined by this court, namely, ① in the event that the driver’s license is revoked on the ground that the person did not undergo an aptitude test, the notice of conditional revocation of the driver’s license may be sent to the person subject to the prior notification of revocation of the driver’s license and the notice of revocation of the driver’s license may substitute for the notice (proviso to Article 93(4) of the Road Traffic Act and Article 94 of the Enforcement Rule of the same Act). ② The Ki Government Police Station appears to have received a notice of conditional revocation of the driver’s license from July 30, 2016 to January 29, 2017, on the ground that the defendant did not undergo a regular aptitude test from around November 15, 2017 to around July 30, 2016, and ③ the defendant also received a notice of conditional revocation of the driver’s license from the person subject to the prior notification of revocation of the driver’s license.