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(영문) 서울북부지방법원 2016.01.21 2015고정1680

도로교통법위반(무면허운전)등

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On April 25, 2015, the driver of a vehicle, other than a motor vehicle, is prohibited from driving a motor vehicle on the expressway or the exclusive road for motor vehicles. However, on April 25, 2015, the Defendant, without a driver's license, driven a motor vehicle with BDAVE CABON 1100cc two-wheeled vehicles at the section of approximately 36 kilometers from the central expressway Hongcheon-gun in Hongcheon-gun, Gangwon-do to the center of the central highway located in the Dondo-ri, the Don-si, the State.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes concerning the arrest of the person under consideration, the photographs of the two-wheeled vehicle, the copy of an international driver's license

1. Subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 (Unlicensed Driving) of the same Act concerning the facts constituting an offense, and subparagraphs 6 and 63 of Article 154 of the Road Traffic Act (a violation of prohibition of traffic, etc.);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Determination as to the Defendant’s assertion of Article 59(1) of the Criminal Act (that there is no record of punishment against the Defendant, that the Defendant was issued a certificate by entirely establishing an international community, that the Defendant caused the instant crime, and that the Defendant acquired a domestic driver’s license)

1. The Defendant was issued an international driver’s license on 2013, and thus, the instant driving does not constitute a non-licensed driving.

The argument is asserted.

2. According to Article 96(1) of the Road Traffic Act, a person who is issued a driver’s license pursuant to any of the Convention on Road Traffic concluded at Geneva in 1949 by a foreign competent authority or any of the Convention on Road Traffic concluded at Vienna in 1968 (hereinafter “international driver’s license”) is stipulated under Article 80(1) of the Road Traffic Act (a provision that a person who intends to drive a motor vehicle, etc. must obtain a driver’s license from the local chief police officer).