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Reasons
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(영문) 인천지방법원 부천지원 2016.07.01 2016고정565
도로교통법위반(무면허운전)등
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Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant fails to pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On August 18, 2016, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driven a CMaz car without a driver’s license in the section of about 1km to the front of a restaurant where it is difficult to know the trade name near the Dong sports site in the Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-si, Seoul. In addition, the Defendant driven the CMaz car without a driver’s license in the section of about 1km to the front of the 462 Hafra.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

Nevertheless, the defendant operated the car without mandatory insurance at the above date and place.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the protocol concerning the examination of the suspect against the defendant;

1. Statement made by the public prosecutor with regard to D;

1. Investigation report (to be accompanied by a letter of response by mail, etc.), investigation report (to listen to the statement in the Eline or by telephone);

1. The fact that there was no intention to drive without the driver's license on the ground that the driver's license was not notified of the revocation due to the lapse of the period of aptitude inspection and the driver's license was not known due to the fact that the driver's license was revoked.

The argument is asserted.

Since the crime of violation of the Road Traffic Act (unlicensed Driving) is an intentional crime established only when a motor vehicle is operated with knowledge that there is no valid driver's license, even if a motor vehicle is operated with the previous driver's license revoked, it shall not be deemed a crime of violation of the Road Traffic Act (unlicensed Driving) unless the driver recognizes the cancellation of the license, and the competent police authority has issued a legitimate public notice in lieu of the notification of the cancellation of

Even if the driver was aware of the cancellation of the license.

In such cases, the reason for revocation of a license shall not be determined, and in each case the driver knew of such circumstances.

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