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(영문) 창원지방법원 2019.09.06 2019고단1736
도로교통법위반(음주측정거부)등
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Criminal facts

1. The Defendant is a holder of a non-registered motorcycle who has violated the Road Traffic Act (unlicensed Driving) and the Guarantee of Automobile Accident Compensation Act.

From April 17, 2019 to 17:49 on April 17, 2019, the Defendant driven the above wheeled Land with the driver’s license without obtaining a motorcycle driver’s license from approximately 500 meters section from the front of the restaurant in front of the B apartment in front of the Changwon-si to the front road of the apartment in front of the Changwon-si, Changwon-si.

2. On April 17, 2019, the Defendant violated the Road Traffic Act (refluence of the measurement), as described in the foregoing paragraph (1) on the front of the apartment of the window C apartment at Changwon-si, the Defendant: (a) caused a traffic accident, such as driving of a private wheeled Land, as described in the foregoing paragraph (1), and shocking the vehicles parked on the road; (b) reported on the road; and (c) was sent to the site after receiving 112 reports; (d) from the head E of the police box of the Changwon Police Station, who was called to the site; (e) there are reasonable grounds to recognize the Defendant as driving of a vehicle while drinking alcohol, such as a red and large distance; (e) around 18:15, around 18:22, around 18:28, and around 18:34, respectively, did not comply with a demand for

Summary of Evidence

1. Defendant's legal statement;

1. The ledger of driver's licenses;

1. Reports on the occurrence of traffic accidents, reports on traffic accidents, accident sites and vehicle photographs;

1. Smoking photographs, notification of results of the control of drinking driving, notification of results of the control of drinking driving, management of and inquiry into the reports on drinking, report on the state of drinking drivers, and report on internal investigation (non-compliance with the direction of drinking);

1. Application of Acts and subordinate statutes to investigation reports (able to be registered and to purchase compulsory insurance);

1. Article 154 Subparag. 2 and Article 43 of the Road Traffic Act, Article 46(2)2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

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