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(영문) 전주지방법원 2018.09.18 2018고단597

도로교통법위반(무면허운전)

Text

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

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

Reasons

Punishment of the crime

피고인은 2017. 12. 18. 15:10 경 자동차 운전면허 효력이 정지되었음에도 서울특별시 성북구 인 촌로 73에 있는 고대 안 암병원 앞 도로에서부터 같은 시 송파구 올림픽로 212에 있는 갤러리 아 팰리스 앞 도로까지 약 10km 구간에서 C BMW520d 승용차를 운전하였다.

Summary of Evidence

1. A protocol concerning the examination of partially the accused by the prosecution;

1. A protocol concerning the examination of partially the police officers of the accused;

1. Reporting on the arrest of a case;

1. Report on the circumstances of driving without a license;

1. Details of disposition of driver license suspension;

1. The driver's license ledger;

1. Investigation report (the procedure for the suspension and execution of a driver's license to a suspect);

1. Application of Acts and subordinate statutes to a report on investigation (a letter of final inquiry)

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. The defendant and his/her defense counsel's assertion regarding the defendant and his/her defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order

DaNN

However, in light of the following circumstances acknowledged by the evidence duly examined and adopted by this Court, the Defendant was aware of the suspension of the license.

Since it is reasonable to view the above argument, we cannot accept the above argument.

(1) When investigating by the prosecution, the Defendant was unaware that “the driver’s license will be suspended for a certain period without paying the penalty.”

I knew that the question " is punished by driving without a license".

(2) Although the Defendant stated that he did not have received a notice of adjudication at the time of the police investigation (the page 21 page of the investigation record) and that he directly received a notice of adjudication on July 21, 2017 (the page 41 page of the investigation record).