도로교통법위반(음주운전)등
Defendant shall be punished by a fine of four million won.
Where a defendant fails to pay a fine, one hundred thousand won shall be the day.
Punishment of the crime
The Defendant is a person who is engaged in driving service with a unregistered launch.
A. On April 14:31, 2017, the Defendant driving the said vehicle under the influence of alcohol content of 0.192% while under the influence of alcohol while driving the said vehicle by a person who is in a Sacheon-si Sacheon-si and Sacheon-si, in the same Eup via Yacheon-si, with approximately approximately 400 meters of alcohol in front of the right angle located in the same Eup via Yacheon-si as one of the agricultural cooperatives.
(b) No person shall operate any motor vehicle which is not covered by mandatory insurance on a road;
The Defendant owned the said vehicle and operated the said vehicle not covered by mandatory insurance at the time and place under the preceding paragraph.
Summary of Evidence
1. Partial statement of the defendant;
1. Reporting on the occurrence of a traffic accident, reporting on a traffic accident, and on-site photographs;
1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;
1. Investigation report (report on the situation of the driver in charge); and
1. The defendant's assertion on the investigation report (verification of whether this Act applies to the defendant) asserts that the defendant did not have an obligation to subscribe to mandatory insurance in accordance with the Guarantee of Automobile Compensation Act as an agricultural machine with the above launch.
Therefore, according to the evidence of the court below, it can be acknowledged that the above launch constitutes an automobile under the Automobile Management Act, and it does not constitute an agricultural machine under the Agricultural Mechanization Promotion Act, as it is a type of lutopo other two-wheeled automobile (not less than three wheeled automobile with a maximum discretion of not more than 100 km).
Thus, the defendant is obligated to subscribe to liability insurance, etc. as the owner of a motor vehicle, and the motor vehicle not covered by mandatory insurance shall not be operated on the road. Therefore, the defendant's above assertion is without merit.
Application of Statutes
1. Article 148-2 (2) 2 and Article 44 (1) of the Traffic Act concerning facts constituting a crime under the relevant Act;