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(영문) 춘천지방법원 2019.08.08 2019고단534
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

1. On April 19, 2019, the Defendant violated the Road Traffic Act (unlicensed Driving) and the Guarantee of Automobile Accident Compensation Act: (a) drive CT100 Trabs not registered at a section of about 300 meters from the front to the front end of the city without a motorcycle driver’s license on April 21, 2019; and (b) the owner of a motorcycle is prohibited from operating a motor vehicle not covered by mandatory insurance, while the owner of the motorcycle is prohibited from operating a motor vehicle not covered by mandatory insurance.

2. Violation of the Road Traffic Act (refluence of the measurement) had reasonable grounds to recognize that the Defendant driven under the influence of alcohol, such as a mold distance in red state with a large face of the Defendant, in light of the fact that the Defendant was a policeman affiliated with the Hongcheon Police Station D police box called out after receiving a witness’s report that the Defendant driven under the influence of alcohol in the street near Hongcheon-gun of the same time as the above paragraph (1) of the same Article.

Police Officers E demanded three times in total, such as one time at around April 19, 201, one time at around April 21, 2019, one time at around 21:29, one time at around 21:29, and one time at around 21:40, but did not comply without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Notification of the results of the crackdown on drinking driving, the report on the circumstantial statement of a drinking driver, the investigation report (report on the circumstances of a drinking driver), the results of the crackdown on drinking driving, each photograph, internal report (on-site driving, etc.), the report handling cases 112, the driver's license register, the investigation report (investigation into the suspect's office number), the next inquiry, and the application of Acts and subordinate statutes of the Mandatory Insurance Association;

1. Article 148-2(1)2 and Article 44(2) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018); Article 46(2)2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (amended by Act No. 16037, Dec. 24, 201); Article 154 subparag. 2 of the Road Traffic Act concerning criminal facts.

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