(영문) 수원지방법원 2017.09.22 2017노2407 | 리걸엔진

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Reasons

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(영문) 수원지방법원 2017.09.22 2017노2407

도로교통법위반(무면허운전)

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant, at the time of the instant case, was accompanied by a vehicle driven by F at the time of the instant case by the Defendant, and the Defendant was forced to drive the vehicle in order for F to take the vehicle into the hospital in appeal of the pain.

Therefore, the Defendant did not have the intention to operate the vehicle, or the Defendant’s act of driving the vehicle is dismissed as an act of emergency evacuation (the Defendant’s assertion that driving the vehicle was driven in an unavoidable emergency). However, the lower court found the Defendant guilty of the facts charged in this case and erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

2) The sentence of the lower court (an amount of KRW 3 million) that is unfair in sentencing is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. Determination on the Defendant’s assertion of misunderstanding the facts is the crime of violating the Road Traffic Act (unlicensed driving) is established when a person drives a motor vehicle with knowledge that there is no valid driver’s license.

In full view of the evidence duly adopted and examined by the court below, the defendant recognized the fact that his license was revoked, and accordingly, the defendant's assertion of mistake that the defendant did not have intention to drive without a license is without merit.

2) Also, as the Defendant’s assertion, F at the time complained of the pain.

Even if the defendant was able to move to a hospital by gathering assistance from 119 first aid units or driving a taxi, etc.

On the record, it is judged that the defendant did not have to drive without a license. Therefore, the defendant's assertion of mistake of the above fact by the defendant that the driver without a license of this case constitutes an emergency escape is without merit.

B. The Defendant has no record of punishment beyond the judgment on the unfair argument of sentencing by the Defendant and the prosecutor, and some of the circumstances surrounding the driving.

유사 판례

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