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(영문) 서울북부지방법원 2017.07.20 2017고단1315
도로교통법위반(무면허운전)
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Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

around 10:40 on March 27, 2017, the Defendant driven a vehicle C in a section of about 500 meters from the Gongnung-dong in Seoul Special Metropolitan City, Nowon-gu to the 405 front road in Seoul Special Metropolitan City, Nowon-gu, without obtaining a driver's license.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

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

1. Details of suspension of driver license;

1. The driver's license ledger;

1. Application of a reply to inquiries about the facts of the National Police Agency;

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and the selection of fines concerning the crime;

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

1. The Defendant’s assertion as to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order was driven without the knowledge of the revocation of the driver’s license, and thus, there was no intention to drive without the license.

The argument is asserted.

Since the crime of violation of the Road Traffic Act (unlicensed driving) is established only when a vehicle is driven with knowledge that there is no valid driver's license, even if the previous driver's license was revoked, it cannot be viewed as a crime of violation of the Road Traffic Act (unlicensed driving) unless the driver recognizes the cancellation of the license.

In addition, in each case where the driver knew of the fact that the license was revoked, the determination should be made specifically and individually by taking into account the following circumstances, including the reason for revocation of the license and the seriousness of the illegal act which served as the reason for revocation, the existence of the record of revocation of the license for the same reason, the reason why the license was not notified, the length to the driving act at issue after revocation, the driving period until the driver's license was revoked, and how the relevant Acts and subordinate statutes or systems were changed during the driver's possession of the license (see Supreme Court Decision 2004Do6480, Dec. 10, 2004). According to the aforementioned circumstances acknowledged by the evidence

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