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(영문) 서울중앙지방법원 2014.05.09 2014고정318

도로교통법위반(무면허운전)등

Text

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

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

Reasons

Punishment of the crime

1. 도로교통법위반(무면허운전) 피고인은 2012. 9. 6. 00:45경 원동기장치자전거면허를 취득하지 아니한 채 49cc 무등록 오토바이를 운전하여 제주시 도남동에 있는 '놈놈놈' 주점 앞에서부터 같은 동에 있는 '언니네 식당' 앞까지 약 5m 구간을 진행하였다.

2. Violation of the Road Traffic Act (Refusal of Drinking Measures) by the Defendant, at the time and place specified in Paragraph 1., and at the 49c-free registered office of the Defendant, was driving a 49c-free registered office of the above paragraph (1) and was straighted as a cafeteria of the Donam-gu Donam-dong in Jeju-do to a cafeteria of the Donam-gu Donam-do, and the upper part of the front part of the Donam-do Do-dong Do-dong Do-dong Do-dong

As there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as the Defendant’s statement that the Defendant was breath of smell at the time, and the other driver made a statement that the Defendant was driving under the influence of alcohol, the Defendant was demanded to comply with a drinking test by inserting three minutes from the E- Zone AssistantF belonging to the E- Zone Zone in a manner of inserting the whole breath of three minutes.

Nevertheless, the Defendant, “I refuse to take measurements with the suppression of traffic accidents,” and failed to comply with a police officer’s request for the measurement of alcohol without justifiable grounds by avoiding the measurement of alcohol.

3. Violation of the Guarantee of Automobile Accident Compensation Act and Non-registered No. 49cc. as stated in Paragraph 1. above, are covered by mandatory insurance, and any motor vehicle that is not covered by mandatory insurance shall not be operated on the road.

그럼에도 피고인은 위 1.항 기재 일시경 의무보험에 가입하지 않은 위 49cc 무등록 오토바이를 제주시 도남동에 있는 '놈놈놈' 주점 앞에서부터 같은 동에 있는 '언니네 식당' 앞까지 약 5m 구간에서 운행하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol regarding C;

1. A traffic accident;