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(영문) 서울중앙지방법원 2017.10.13 2017고정1728

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

At around 00:40 on April 10, 2017, the Defendant, without an international driving license, driven the Crane car around 3 km from around 777-18, Gangnam-gu, Seoul, Seoul, to the roads in front of the Southern Terminal located in Seocho-gu, Seocho-gu, Seoul.

Summary of Evidence

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

1. A person who has obtained a driver's license (hereinafter "international driver's license") pursuant to the provisions of Article 80(1) (a) of the Convention on Road Traffic concluded at Geneva in 1949 or the Convention on Road Traffic concluded at Vienna in 1968, may drive a motor vehicle, etc. with the international driver's license only for a period of one year from the date of entry into the Republic of Korea, notwithstanding the provisions of Article 80(1) (a) (a clause that a person who intends to drive a motor vehicle, etc. shall obtain a driver's license from the Commissioner General of the National Police Agency).

The above international driver's license is premised on an effective international driver's license, and according to the evidence, the Defendant may recognize the fact that no international driver's license valid at the time of the instant crime (the Defendant possessed an international driver's license valid for a period of one year from August 10, 2015, and only possessed an international driver's license valid for a period of one year from April 24, 2017, which was after the instant date and time thereafter). Therefore, the Defendant guilty of the judgment.

Application of Statutes

1. Article 152 of the Criminal Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Criminal Act that choose a penalty;

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;