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(영문) 춘천지방법원 원주지원 2017.07.24 2015고단1181
도로교통법위반(음주운전)등
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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

[2016 Highest 534] On March 29, 2016, the Defendant driven a DEX car without obtaining a driver’s license from around 2km-ro 502, Bupyeong-gu, Bupyeong-gu, Incheon, Incheon, with a light of 93 SK apartment 502, from around 21:20, to the front road of the same city-gu, Bupyeong-gu 27 km-gu, Bupyeong-gu, 27 meters away from the front road.

Summary of Evidence

1. Partial statement of the defendant;

1. Report on the circumstances of driving without licenses, and application of Acts and subordinate statutes to the driving license ledger;

1. Relevant Article of the Act and Articles 152 subparag. 1 and 43 of the Road Traffic Act, the selection of fines for criminal facts and the selection of fines ( Taking into account all the conditions of sentencing, including the fact that the defendant has no record of criminal punishment);

1. Determination as to the assertion by the Defendant and the defense counsel under Articles 70(1) and 69(2) of the Criminal Act, which are confined in a workhouse

1. The gist of the assertion is that the Defendant is driving a vehicle without a license even if the license was revoked due to the foregoing drinking driving on August 14, 2015, since the Defendant had not driven a vehicle on August 14, 2015.

2. Since an administrative disposition revoking a driver's license is recognized as fair, such disposition shall remain effective unless it is lawfully revoked.

On December 1, 2015, the Defendant: (a) received a driver’s license revocation on December 1, 2015; and (b) carried out a driver’s license without permission as stated in the facts charged; (c) the said driver’s license revocation was not revoked; and (d) it cannot be deemed that the said disposition has no effect from

Therefore, as long as the validity of the above disposition of driver's license is maintained, the defendant's driving without a driver's license as stated in the judgment of the defendant does not constitute a crime on the ground that the defendant's driving without a driver's license as stated in the judgment of the defendant

shall not be deemed to exist.

Accordingly, the defendant and defense counsel are not accepted.

Parts of Innocence [2015 Highest 1181]

1. The Defendant is guilty of facts charged on August 14, 2015.

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