(영문) 인천지방법원 부천지원 2017.04.12 2016고정1659

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 부천지원 2017.04.12 2016고정1659

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

The Defendant, from November 5, 2016 to November 29, 2016, was under suspension of the validity of a driver’s license. However, around November 13, 2016, the Defendant driven a motor vehicle with a distance of about 500 meters from around 83 meters to the road front of the “Seoul-do University” road No. 321, Seocheon-ro No. 321 on November 13, 2016.

[Defendant and defense counsel did not notify the defendant of the suspension of license at the original U.S. police station so that the defendant was driven without knowledge of the suspension period of license.

The argument is asserted.

However, according to the following evidence duly adopted and examined by this court, the defendant was notified of "the fact that he/she was subject to the disposition of license suspension from November 5, 2016 to December 19, 2016 due to the excess of the given points" by the public service center of the original U.S. police station as of October 26, 2016, and was issued directly even through the notice, and the statement on the fact that he/she was issued was also prepared, and the fact that the defendant completed the relevant education on November 3, 2016 in order to reduce the license suspension period according to D's guidance.

Ultimately, the Defendant was driving while knowing that he was under the suspension period.

Therefore, this part of the argument is without merit.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. The written statement of the defendant;

1. The driver's license ledger;

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

1. Application of the statutes on the details of suspension of driver's license and the decision of suspension;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 186 (1) of the Criminal Procedure Act bearing Costs of Trial;

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

유사 판례

-광주지방법원 목포지원 2018.04.06 2018고단23

-광주지방법원 목포지원 2016.08.19 2016고단567

-대구지방법원 2017.10.18 2017고정1705

-인천지방법원 부천지원 2018.12.13 2018고단2539

-인천지방법원 부천지원 2016.06.22 2016고단1036