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Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
Defendant
On November 29, 2016, around 21:05, the 18-meter section C A4 vehicle was driven without the driver's license, from the front side of the entrance of the Mapo-si Eup in Gwangju, and from the front side of the “Mai-gu Elementary School” to the front side of the “Mai-gu Elementary School” in the same way, without the driver's license.
Summary of Evidence
1. Partial statement of the defendant;
1. Occasional reports (determination as to whether a road is a road);
1. The driver's license ledger (the defendant and his defense counsel asserted that the section in which the defendant driven (hereinafter "section in this case") is not a road used for general traffic with the parking zone line and other passage.
According to the following legal principles and the evidence admitted above, the instant section constitutes roads under the Road Traffic Act, and the above assertion is without merit.
The roads to which the Road Traffic Act applies include the roads under the Road Act, the toll roads under the Toll Road Act, and the places where it is practically necessary to secure safe and smooth traffic at an unspecified number of people or a place where it is actually necessary to ensure safe and smooth traffic (Article 2 subparag. 1 of the Road Traffic Act). On the other hand, if a parking zone is constructed on the one side between the buildings in an apartment complex in which a parking zone can be parked, it shall be deemed an apartment parking lot installed pursuant to the relevant provisions such as the Parking Lot Act and the Housing Act, and if the parking zone and the passage portion outside the parking zone are used for general traffic, it shall be deemed as a place used for general traffic, and in light of the status of the management and use of apartment houses, it shall be deemed as an open place for the traffic of an unspecified number of people or vehicles, and it shall be managed independently and independently only by the specific persons or those related to it.