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(영문) 수원지방법원 평택지원 2015.03.05 2015고정59
도로교통법위반(무면허운전)
Text

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

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

Reasons

Punishment of the crime

On December 30, 2014, the Defendant was a person driving a B car, and around 30 km from the Libbebbeb-distance to the 'bbeb-distance Sabbeb-distance' located in Lib-si at Lib-si at Lib-si without obtaining a driver's license on December 30, 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the police interrogation of the accused;

1. An inquiry into the driver's license (the defendant alleged that the driver had no intention to drive without the driver's license because he was driving without the knowledge of the cancellation of the driver's license. Thus, the crime of violation of the Road Traffic Act is established only when the driver was aware of the absence of a valid driver's license. Even if the driver's license was revoked, it cannot be deemed a crime of violation of the Road Traffic Act unless the driver's license was aware of the fact. Even if the police authority has given a legitimate public notice in lieu of the cancellation disposition of the driver's license, it cannot be readily concluded that the driver was aware of the fact that the driver was revoked. In this case, if the driver was aware of the fact, the reason for the cancellation of the license and the gravity of the illegal act, the reason why the driver did not receive the cancellation disposition, the period until the driver was revoked, and how the driver's residence changes in the laws and regulations related to the driver's residence or the system during his residence should be determined individually by taking into account the evidence of the defendant.

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