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(영문) 대구지방법원 서부지원 2015.09.02 2015고정644
도로교통법위반(무면허운전)
Text

The Defendant is not guilty. The summary of the judgment of this case is publicly notified.

Reasons

1. The summary of the facts charged is that the Defendant is driving a vehicle B for riding on board.

On June 8, 2015, the Defendant, without a car driver's license on June 21, 2015, driven approximately 100 meters to the front road of the same Handong Hospital in front of the apartment complex in the Daegu Seo-gu, Seogu.

2. Article 80 (2) of the Road Traffic Act provides that "the kinds of vehicles that can be driven according to the scope of driver's licenses shall be determined by Ordinance of the Ministry of the Interior." Article 80 (2) of the same Act provides that "The kinds of vehicles that can be driven according to the scope of driver's licenses shall be classified into Class I driver's licenses (large driver's licenses, ordinary drivers' licenses, small drivers' licenses, special licenses), Class II driver's licenses (ordinary licenses, small drivers' licenses, and driver's licenses), student licenses (Class I driver's licenses, Class II driver's licenses, and Class II driver's licenses), and according to delegation, Article 53 [Attachment Table 18] of the Enforcement Rule of the Road Traffic Act

In addition, Article 43 of the Road Traffic Act provides that "no person shall drive a motor vehicle without obtaining a driver's license from the commissioner of a district police agency pursuant to Article 80 or the validity of a driver's license is suspended." Article 152 subparagraph 1 of the Road Traffic Act provides that "the person who drives a motor vehicle without obtaining a driver's license pursuant to Article 80 in violation of Article 43 shall be punished

On the other hand, Article 55 of the Enforcement Rule of the Road Traffic Act provides that the matters to be observed by a person who has obtained a student license shall be observed when he/she conducts driving practice on the road, and subparagraph 1 provides that the person who has obtained a driver's license shall also go through his/her instruction, and subparagraph 2 shall not drive a motor vehicle for any purpose other than driving practice, such as driving a motor vehicle for business.

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