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(영문) 대구지방법원 서부지원 2016.07.29 2016고정20

도로교통법위반(무면허운전)

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who drives a freight vehicle in D.

The Defendant, without a driver’s license, driven the above vehicle on September 25, 2015 at around 16:55, and driven approximately 1 meter distance from the 33rd-ro, Seogu, Daegu-ro, 8-ro, 33rd-ro, 8-ro, 33 Jeju-ro, 8-ro, 33rd-ro, 201.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. The driver's license ledger;

1. Application of six on-site photographs and six on-site photographs;

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the facts constituting a 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;

1. Article 186(1) of the Criminal Procedure Act (see, e.g., Supreme Court Decision 2004Do6779, Jan. 14, 2005) provides that the issue of whether a road falls under a road under the category of subparagraph 1 of Article 2 of the Road Traffic Act shall be determined by the approval of the public place where the part is practically open to the public for the purpose of maintaining traffic order and the traffic of many and unspecified people or people with a specific building related thereto, or the place where it can be used only and independently managed by them (see, e.g., Supreme Court Decision 2004Do6779, Jan. 14, 2005). According to the above evidence, the place where the defendant driven the vehicle is open to the public without any physical facilities such as placement or blocking of the outside vehicle personnel such as the security guards to control the entrance and exit of the external vehicle, so it is recognized that only a specific person or a person related to it can be independently managed by the public, and it cannot be seen as a place where traffic order affects.