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(영문) 수원지방법원 2018.09.07 2017고정2109

도로교통법위반(무면허운전)

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a BUBE car driver.

On April 3, 2017, the Defendant is driving a vehicle owned by the Defendant without a valid driver’s license, starting from an influence area located in the Seoul Western-dong, Seoul, and running approximately 20 km of the said vehicle to the front road of the police station located in the Seo-gu, Seo-gu, Young-gu, Young-si, Young-si, Seoul to the extent of which

Summary of Evidence

1. Partial statement of the defendant;

1. The detection report, inquiry letter (driving license, tea, mandatory insurance), statement of revocation of driver's license, canal documents, written statement of revocation, and written notice of revocation of disposition (cancellation) disposition (the Defendant did not have the effect of revocation since the Defendant did not have received notice of revocation of license, and even if the notice of disposition was received, the Defendant did not have the intention to drive without the license since it did not have been recognized by the Defendant. Even if the notice of disposition was received, the Defendant did not have the intention to drive without the license, and it was highly probable that the above disposition of revocation was defective, and thus,

set aside.

However, according to the evidence duly adopted and examined by this court, the Defendant caused a traffic accident while driving the said vehicle while under the influence of 0.151% of alcohol content in blood on December 29, 2016. On January 25, 2017, the Defendant was notified and notified in advance that he/she is subject to the driver’s license revocation at the Dong-dong Police Station in Busan District around the same day.

The defendant obtained a temporary driver's license on the same day, and heard from the police officer in charge the statement that the period of temporary driver's license is confirmed, and confirmed the period of temporary driver's license around that time.

On February 13, 2017, the competent Commissioner General of the National Police Agency sent a notice of revocation of driver's license to the defendant's workplace address (Seoul Gangnam-gu Seoul) and did not return it.

On February 21, 2017, the Defendant confirmed that the sender sent the e-mail (D) of the Defendant to the e-mail of the Defendant was in the National Police Agency, the title [the notice of decision on the administrative disposition of driver's license (cancellation)], and also opened the e-mail.

requirements for the entry into force of an administrative disposition.