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(영문) 인천지방법원 2016.07.08 2016고정473
도로교통법위반(무면허운전)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From November 22, 2015 to December 31, 2015, the Defendant, even though the validity of a driver’s license was suspended, operated a BM car from around 17 km to December 31, 2015, on December 24, 2015, at approximately 02:40, the Defendant, from the front of the D Private Teaching Institutes located in Ansan-gu, Incheon Metropolitan Government, Nowon-gu, Seoul to the 755-4 km-dong, Nam-gu, Nam-gu, Incheon to the front road.

Summary of Evidence

1. Partial statement of the defendant;

1. Reports on the detection of any violation of the Traffic Act (unlicensed driving) on roads and the circumstantial report on driving without licenses;

1. Registers of driver's licenses and detailed statements of disposition of suspension;

1. Details, notification, and administrative disposition of suspension of driving under the influence of alcohol, that is, deep management, and the application of Acts and subordinate statutes of the first notification of administrative disposition of driver's license;

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. The Defendant’s assertion regarding the Defendant’s assertion under Article 186(1) of the Criminal Procedure Act, arguing that: (a) the F, an employee of a private teaching institute that he/she operates, managed the e-mail under the Defendant’s name; (b) at the time, F, despite having received the instant notice of the instant disposition of suspension of driver’s license, did not inform him/her of the fact that he/she

However, in full view of the following circumstances revealed by the evidence duly adopted and investigated by this court, the Defendant’s assertion is not acceptable, since the Defendant sufficiently recognized the fact that he/she was driving without a license in this case under the recognition that he/she was in the state of suspension of the driver’s license at the time.

A. The Defendant, while driving a vehicle around April 2015, was at the center line and paid the relevant penalty. However, the Defendant was issued a disposition of suspending a driver’s license for 40 days on October 2015 due to his/her failure to pay the penalty properly, and the Defendant around October 14, 2015.

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