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(영문) 의정부지방법원 2010.06.24 2009노1452
도로교통법위반(무면허운전)
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. The summary of the grounds for appeal is that the Defendant possessed an international driver's license valid under the Road Traffic Act at the time of driving of the instant case, and thus, the lower court erred by misapprehending the facts, thereby convicted the Defendant.

2. Summary of the facts charged in this case and the judgment of the court below

A. A. Around December 13:05, 2008, the Defendant, without a driver’s license, driven a car with approximately KRW 1 km car on the road, which is owned by B, on the front of the Dobong-gu, Seocheon-ri, Seocheon-gu, Seocheon-gu, Seocheon-gu, Pacific-do.

B. The lower court found the Defendant guilty on the grounds of the Defendant’s partial statement in court, the police interrogation protocol of the Defendant, and the driver’s license ledger.

3. According to the provisions of Article 96 (1) of the Road Traffic Act, a person who has obtained a driver's license (hereinafter referred to as "international driver's license") pursuant to the provisions of the Convention on Road Traffic concluded at Geneva in 1949 or the Convention on Road Traffic concluded at Vienna in 1968 by a foreign competent agency may drive a motor vehicle, etc. with the international driver's license only for one year from the date of entry into the Republic of Korea, notwithstanding the provisions of Article 80 (1) (a provision that a person who intends to drive a motor vehicle, etc. shall obtain a driver's license from the Commissioner of the Local Police Agency). In this case, the types of motor vehicles that can drive are limited to those stated in the international driver's license

According to each evidence duly adopted and examined by the court below and the court below, Pakistan, which is the defendant's nationality, is a country to which the Convention on Road Traffic concluded in Vienna in 1968 was a country, and the defendant, after obtaining an international driver's license from Pakistan on February 13, 2008, entered the Republic of Korea as an industrial trainee, and the above international driver's license issued by the defendant is driving.

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