Whether the U.S. Armed Forces in Korea with a U.S. driver's license is a driving without obtaining a driver's license in a two-dimensional language under the U.S. U.S. Regulations (negative)

The USFK Regulation 190-1 (USFK Reg 190-1) Regulation 2-2 provides that "All US forces in Korea who drive a personal vehicle in Korea shall be issued a driver's license in the form of USFK 134E (the two Korean languages)." However, it is reasonable to view that it is only an internal regulation of the US forces in Korea in light of the provisions of Article 24 of the Agreement under Article 4 of the Mutual Defense Treaty between the Republic of Korea and the United States of America on Facilities and Areas and the Status of United States Armed Forces in the Republic of Korea (SOFA) and the legal character of the above provision. Thus, with respect to the operation of a vehicle without a driver's license issued by the United States of America or its subordinate administrative agency in violation of the above provision of the USFK provision, it shall not be punished for violation of the above provision, separate from the punishment of violation of the provision.

Article XXIV of the Mutual Defense Treaty between the Republic of Korea and the United States of America, Article XXIV of the Agreement (SOFA) relating to Facilities and Areas and the Status of United States Armed Forces in the Republic of Korea, Article XXIV of the Road Traffic Act

A

Park Jae-in

Law Firm C et al.

A defendant shall be punished by imprisonment for not less than one year and six months.

Of the facts charged in the instant case, the driving without a license shall be acquitted.

Punishment of the crime

At around 03:50 on August 3, 2002, the Defendant: (a) while under the influence of alcohol with 0.108% of alcohol content in blood, and (b) while driving a D car in front of the E-road in front of the city in the front side of the Dong-dong, the Defendant violated the vehicle stop signal at the front side of the Dong-dong, and due to the occupational negligence of the Defendant’s driving, the Defendant got the victim F (35 years of age) from the front part of the Defendant’s vehicle to take the front part of the vehicle, and caused the victim to suffer the right shoulder to undergo approximately 8 weeks of treatment.

Summary of Evidence

1. Some of the accused's statements in the first trial records;

1. Legal statements of witnesses G in the second protocol of the trial;

1. Each legal statement of the witness H, F, and I;

1. Examination protocol of the accused by prosecution;

1. Each prosecutor's statement concerning G and H;

1. Each police statement to J and K;

1. Each statement of L/F;

1. A report on actual condition of the police;

1. A report on the detection of a host driver;

1. A medical certificate;

Application of Statutes

1. Relevant legal provisions concerning criminal facts;

Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 107-2 subparag. 1 and Article 41(1) of the Road Traffic Act

1. Aggravation of concurrent crimes;

Article 37 (former part), Article 38 (1) 2 and (2), and Article 50 of the Criminal Act

Reasons for sentencing

The defendant shall be sentenced to a punishment as ordered in consideration of the fact that the defendant did not seem to be against the victim who dried a crosswalk while drunkly driving in violation of signals, but did not show that he did not recognize that he was guilty, such as denying his criminal act, even though he was able to bread the 8 week weight.

The acquittal portion

Of the facts of the prosecution of this case, we examine the fact that the defendant driven a car without a driver's license at the location of the judgment.

According to Article 24 of the Agreement between the Republic of Korea and the United States of America regarding Facilities and Areas and the Status of United States Armed Forces in the Republic of Korea, the Republic of Korea shall approve that the driving license, etc. issued by the United States of America or its subordinate administrative agencies to the members of the United States Armed Forces is valid without imposing any driving license, etc. or fee on them.

However, according to the records, the defendant can recognize that he received a driver's license to drive a car from the departic Sy of the Public Safety Authority of the United States of America (the Departic Sy) for the effective period of January 18, 2009.

On the other hand, the USFK Regulation 190-1 (U.S.FK Reg 190-1) 2-2 provides that "All U.S. forces in Korea that drive a personal vehicle in Korea shall be issued with a driver's license in both languages)" but it is reasonable to view that this is merely an internal regulation of the U.S. armed forces in Korea in light of the content of Article 24 of the above Agreement (SOFA) and the legal character of the above provision of the U.S. Armed Forces Regulations. Accordingly, with respect to the operation of the United States Armed Forces's members, etc. with a driver's license issued by the United States or its subordinate administrative agencies without being issued a driver's license in violation of the above provision of the U.S. forces in Korea, it shall not be punished for a non-exclusive license in violation of the provision of Article 24 of the above Agreement.

Therefore, in this case where there is no other evidence to prove that the defendant does not have a valid driving license issued by the United States or its subordinate administrative agencies, the part of the indictment concerning the defendant's driving without obtaining a driving license is judged not guilty in accordance with the latter part of Article 325 of the Criminal Procedure Act since there is no proof

Judges Noh Jae-in