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(영문) 대전지방법원 홍성지원 2021.03.17 2020고단1145

자동차손해배상보장법위반등

Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On November 23, 2018, the Defendant was issued a summary order of KRW 3 million as a crime of violating road traffic law (drinking driving) with red support from the Daejeon District Court on November 23, 2018.

1. On July 13, 2020, the Defendant violated the Road Traffic Act (unlicensed driving) and the Guarantee of Automobile Compensation Liability for Damages, the Defendant driving a two-wheeled automobile without obtaining a motor device bicycle license from around 100 meters to around 100 meters from around 18:45, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, to the roads near the same city, and without obtaining a motor device license from around 100 meters.

2. 도로 교통법위반( 음주 측정거부) 피고 인은 위 제 1 항 기재 일 시경 “ 비닐하우스를 찢어 놨다.

“A person who was reported 112 and was driven under the influence of alcohol by the Defendant from the slope E belonging to the Boan Police Station D of the Boan Police Station D, the Defendant’s residence, and the Defendant’s blood color, string, and string, with a strong distance.

There are reasonable grounds to recognize that it has been requested to respond to the measurement of alcohol by inserting the whole in four times from 18:50 to 19:15 on the same day, but the police officer did not comply with the request for the measurement of alcohol without justifiable grounds.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. A protocol concerning the examination of suspect of the defendant who has made a statement in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (Report on the situation of driving in the main place);

1. The driver's license ledger;

1. Previous convictions indicated in the judgment: Inquiry about criminal history and investigation reports (the same kind of force) and application of the summary order statutes attached thereto;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2 (1), 44-2 (2) and 44-1 (a) of the Road Traffic Act, Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (a non-licensed driving), Article 46 (2) 2, the main sentence of Article 46 (2), the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages, and each selective fine;

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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