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(영문) 인천지방법원 2020.04.22 2019고단6828
도로교통법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. The accused is a person engaged in driving a unregistered motorcycle;

On July 28, 2019, the Defendant driven the above motorcycle while under the influence of alcohol of 0.059% with blood alcohol concentration around 16:35 on July 28, 2019 without obtaining a motorcycle driver's license, and led the front road of Incheon Dong-gu to drive the road in front of the Dong-gu Incheon Metropolitan City at an insular speed from the surface of the Dong Insular Northern square, the air conditioners, and the air b

Since the place is on the road where a car line, signal light, and crosswalk are installed, in such a case, there was a duty of care to observe the car line and signal signals to the person engaged in driving service, and in particular, not to cross the crosswalk by driving a motorcycle.

Nevertheless, the Defendant neglected this and driven the above motorcycle while driving it on the above motorcycle while driving it, and caused the damage of the victim C's low-speed motor vehicle running along the blue signal to the right side of the running direction of the Defendant, from the surface of the yellow-distance road to the surface of the yellow-speed road, to the right side of the Defendant's motor vehicle, and caused the collision with the front part of the victim C's low-speed motor vehicle running along the blue-ray signal to the right side of the Defendant's motor vehicle and caused the damage to the vehicle above to bear the unpaid repair cost.

2. On July 28, 2019, the Defendant was prohibited from driving a motor vehicle not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act on the road. However, on July 28, 2019, the Defendant driven a motor bicycle not covered by mandatory insurance from the Dong Mancheonbuk square, Incheon Metropolitan City, to the same front road.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Application of the Acts and subordinate statutes governing the register of driver's licenses, chassis and mandatory insurance;

1. Criminal facts;

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