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(영문) 대전지방법원 2018.08.23 2018고단1633
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment with prison labor for a year and a fine of three hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On April 3, 2018, the Defendant: (a) driven a non-registered two-wheeled vehicle with no number plate in the section of approximately 2.3km located in the Dong-dong of Daejeon Seo-gu, Seo-gu without a bicycle bicycle driver’s license from the Donma-gu to the 19:50m distance inside the same Dong-dong on the same day without a bicycle driver’s license; (b) on April 3, 2018.

2. No person shall operate any motor vehicle which is not covered by mandatory insurance;

Nevertheless, the Defendant operated a unregistered car without mandatory insurance, such as the date and place mentioned in Paragraph 1, at the time and place.

3. Violation of the Road Traffic Act (refluence of drinking), as described in paragraph (1) at the time and place specified in paragraph (1), the Defendant brought a traffic accident to the emergency room in the Seo-gu, Daejeon District Hospital, Seo-gu 119 first aid unit while driving the said two-wheeled vehicle, and sent it to the emergency room in the Seo-gu, Daejeon District University Hospital, Seo-gu, Daejeon, and the witness witness at the scene of the accident “the Defendant has driven the vehicle.”

“A person who was driven by the Defendant in a drinking state, such as making a statement by the Defendant’s face, being red and smelled in the face of the Defendant, and smelling in the entrance.

Since 20:53 on the same day, the defendant requested a total of three times to take a alcohol test at the above emergency room from around 20:53 of the same day, but the defendant did not comply with the request without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of the driver working at the State, survey report on actual condition, and on-site photographs;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to the accused in the protocol of interrogation of the police suspect (the purport that no mandatory insurance has been subscribed);

1. Article 148-2(1)2 and Article 44(2) of the Road Traffic Act (e.g., refusal of drinking, imprisonment) - Article 154 Subparag. 2 and Article 43 of the Road Traffic Act (non-licensed driving and fine) - Article 46(2) of the Guarantee of Automobile Compensation Security Act.

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