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(영문) 수원지방법원 안산지원 2016.11.10 2016고정352
도로교통법위반(무면허운전)
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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 February 4, 2016, the Defendant, without obtaining a driver’s license on February 16, 2016, driven a Maz car at a section of about 10 km from the front of the Hanyang University located in the Hanyang University located in Ansan-gu to the front of 80 km-dong located in the same city.

Summary of Evidence

1. Partial statement of the defendant;

1. Report on the situation of driving without a license, and a driver’s license inquiry;

1. Manual for verifying the validity of an international driver's license;

1. Application of immigration Acts and subordinate statutes on individuals;

1. Relevant Article of the Act on Criminal Facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty for a crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the argument is that the Defendant possessed an international driver’s license valid at the time of driving, and thus does not constitute an unlicensed driving.

2. The judgment of Article 96(1) of the Road Traffic Act provides that “A person who has obtained a driver’s license (hereinafter referred to as “international driver’s license”) under the provisions of the Convention on Road Traffic (hereinafter referred to as the “Convention”) concluded at Geneva in 1949 or the Vienna Convention on Road Traffic (hereinafter referred to as the “Convention”) in 1968 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. In this case, the types of motor vehicles permitted to drive shall be limited to those stated in the international driver’s license.” The above Convention provides that the international driver’s license shall be a minor of the size of 105m wide and 148m wide and 148m wide and 105m wide and that a person shall be a member country of the Convention, among the above Convention, a member country of the Vienna Convention.

However, as the defendant himself recognizes, the driver's license that the defendant possessed at the time is not a book but a card.

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