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(영문) 서울중앙지방법원 2016.07.05 2016고정870
도로교통법위반(무면허운전)
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 18, 2016, at around 04:19, the Defendant, while suspending the validity of a driver’s license (from January 6, 2016 to February 14, 2016), was driving a motor vehicle from the front day of the Namyang-si to the front day of the Seoul Jongno-gu Cheongcheon-ro 291, driving a motor vehicle with soflurd D-burged by the Defendant within approximately 30 kilometers-ro.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the accused by the prosecution (including the part concerning the statement of the E);

1. Registers of driver's licenses and detailed statements of disposition to suspend driver's licenses;

1. Report on the circumstances of driving without a license;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to postal inquiries related to the disposition of suspending driving licenses);

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (Optional Selection of Punishment)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. As to the assertion of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act regarding the order of provisional payment, the Defendant and his defense counsel did not know at all that the Defendant was unable to obtain the notice of disposition of suspension of driver’s license,

The argument is asserted.

However, in full view of the following circumstances admitted by the evidence, the notice of the instant disposition of license suspension was directly received by the Defendant, and at least the Defendant had had the intention to drive a licenseless driving at least on the part of the Defendant at the time of enforcement.

As such, the defendant and the defense counsel are not accepted.

(1) In a final inquiry by mail, a notice of suspension of driver's license is deemed to have been delivered directly to the defendant at the home of the defendant, and a signature of confirmation of receipt which appears to be the pen of the defendant.

② The Defendant’s spouse E stated in the prosecution that his name is not his body.

3. The Defendant shall receive a registered mail for the suspension of driver's license in a request for formal trial.

In addition, it would be another penalty, and it would be above the book."

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