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(영문) 부산지방법원 동부지원 2014.09.24 2013고단3155
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a benz car.

1. On October 1, 2013, the Defendant violated the Road Traffic Act (Refusal of Drinking Measures) at least two-lanes near the main point of “D” in the Busan Southern-gu C Apartment Building, Busan-gu, the Defendant failed to comply with a request for a drinking test by a police officer without justifiable grounds, even though the Defendant was required to comply with a drinking test by inserting a drinking measuring instrument three-minutes from around 04:03 to 04:38 of the same day, on the ground that the Defendant was forced to walk from the police officer H of the Busan Southern-nam Police Station G District of the Busan Southern Police Station G District, which called the scene due to a traffic accident involving the front part of the F vehicle parked by E with the Defendant’s vehicle.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act operated the said automobile which was not covered by mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the point of refusing to measure alcoholic beverages), 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 (the point of operating automobiles which are not mandatory insurance), and the selection of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

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