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(영문) 의정부지방법원 2013.05.24 2012노1103
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the instant crime, was possessing an international driver’s license issued in Pakistan, and thus is not a driving without obtaining a license.

Even if an international driver's license held by the defendant is not a legitimate international driver's license under the Road Traffic Act, the defendant was aware of it as a legitimate driver's license, so there was no intention on the non-driving license.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (700,000 won of a fine) is too unreasonable.

2. Determination

A. The Defendant, at the time of committing the instant crime, was holding an international driver’s license issued in Pakistan at the time of the instant crime, and this asserts to the effect that the Defendant’s act of driving is not a non-exclusive driver’s license, since it is an international driver’s license under the Road Traffic Act

In this regard, Article 96 (1) of the Road Traffic Act provides that "A person who has obtained a driver's license (hereinafter "international driver's license") under the provisions of the Convention on Road Traffic (hereinafter "NNA") concluded at Geneva in 1949 by a foreign competent agency (hereinafter "NNF Convention") or the Convention on Road Traffic (hereinafter " Vienna Convention") concluded at Vienna in 1968 may drive a motor vehicle with an international driver's license only for a period of one year from the date of entry into the Republic of Korea. In this case, the types of motor vehicles that are eligible to drive shall be limited to those stated in the international driver's license." As Pakistan is a member state of the Vienna Convention, htt p:/ck.go.go/c.go.c.s.c.s.p.p. p.p. p. P. P.M. under the Road Traffic Act (hereinafter " Vienna Convention"), a person may drive a motor vehicle with an international driver's license under the Acts and subordinate statutes related to the international driver's license.

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