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Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On September 22, 2019, the Defendant, without a driver’s license, driven the Efladon car from the front of the “C Hospital” located in Seodaemun-gu Seoul Metropolitan Government “C Hospital” to the front of the “Seoul Jongno-gu D building”.
Summary of Evidence
1. Partial statement of the defendant;
1. Report on the circumstances of driving without a license;
1. Details of conditional disposition of driver's license, post office registration inquiry, and ledger of driver's licenses;
1. In light of the fact that it is reasonable to view that the owner of a driver’s license did not have any intention to commit a crime since he/she was unaware of the fact that the driver’s license was revoked because he/she was not notified of guidance on the regular aptitude test or of revocation of the driver’s license, and that there was no intention to commit a crime without the driver’s license. However, in light of the fact that it is reasonable to deem that the owner of the driver’s license did not make an effort to the extent easily known even if he/she did not take an aptitude test within the aptitude test period, even though he/she did not know that the Defendant was negligent in confirming whether the period of the aptitude test has arrived, it is reasonable to deem that the Defendant did not have any intention to refuse to take an aptitude test within the aptitude test (see Supreme Court Decision 2012Do8374, Apr. 10, 204). Considering that the driver’s license was revoked due to failure to obtain an aptitude test, and that a legitimate announcement was made in lieu of notification of revocation, the driver’s license constitutes a renewed driver’s license (see.
1. Relevant Article of the Act and the Road Traffic Act concerning the crime;