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(영문) 창원지방법원 2018.07.20 2018고정310
도로교통법위반(무면허운전)
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

From February 11, 2018 to March 22, 2018, the Defendant, even though the validity of a driver’s license was suspended, was driving a D New Sheet 10 kilometers from around 17:0 on March 16, 2018 at the window C Apartment 101, Changwon-si, Changwon-si, Seoul Special Metropolitan City, about 12 kilometers at the front of the 101-ro 31, Seoul Special Metropolitan City, No. 12-ro, one agricultural cooperative, and about 10 kilometers at the front of the Rotroma.

Summary of Evidence

1. Partial statement of the defendant;

1. A survey report on actual conditions;

1. Details of the driver's license ledger (suspect A) and the disposition taken to suspend each driver's license;

1. Application of Acts and subordinate statutes to the site and accident vehicle photographs;

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the facts constituting a crime;

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

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant did not receive the notice of the decision to suspend the instant driver’s license, or did not know the fact that the remaining driver’s license was suspended due to the previous suspension of the execution of the driver’s license. Therefore, there was no intention.

2. In light of the following circumstances acknowledged by the evidence presented prior to the determination, the Defendant was well aware of the fact that his driver’s license was suspended.

Therefore, the above argument is without merit.

① On January 2, 2018, the Seocho Police Station of the Changwon issued a notice of the decision to suspend the driver’s license to the Defendant on the ground of “the failure to comply with the adjudication on November 19, 2017” (the failure to comply with the adjudication) and “the suspension of 40 days from February 11, 2018 to March 22, 2018”; and on January 12, 2018, the Defendant sent a notice of the decision to suspend the driver’s license to “C Apartment 101 Dong 905, 105, the window of Changwon-si, Changwon-si, the address of the Defendant,” which is the registered mail address of the Defendant, and thus, the Defendant was confirmed to have received the said postal item at the address of the Defendant on January 17, 2018, barring special circumstances.

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