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(영문) 의정부지방법원 고양지원 2009.07.01 2009고정1035
도로교통법위반(무면허운전)
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On December 2, 2008, at around 13:05, the Defendant driven the car volume of CPia owned by B on the road in front of the Hacheon-ri Yacheon-ri, Seocheon-gu, Seocheon-gu, Seocheon-si, Seocheon-gu, Seoul, and around 1 km.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to the driving license ledger;

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty for a crime;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 57 of the Criminal Act including days of pre-trial detention;

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant asserted that at the time of committing the instant crime, the Defendant was holding an international driver’s license with the validity of one year on February 13, 2008, and thus does not constitute a driving without obtaining a license. As such, according to Article 96 of the Road Traffic Act, a person who obtained a driver’s license (hereinafter “international driver’s license”) pursuant to the Convention on Road Traffic concluded at Geneva in 1949 or the Convention on Road Traffic concluded at Vienna in 1968 in 1968 may drive a motor vehicle 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). In this case, the Defendant’s assertion that the type of the motor vehicle allowed to drive is limited to that stated in such international driver’s license. Thus, the Defendant’s license is not accepted under the above provision of the Convention.

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