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(영문) 수원지방법원 안산지원 2014.04.09 2014고단496
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. The Defendant is a holder of a rocketing car in violation of the Road Traffic Act (unlicensed Driving), the Road Traffic Act, and the Guarantee of Automobile Accident Compensation Act, who is engaged in driving of a motor vehicle.

On April 6, 2012, around 21:15, the Defendant: (a) driven the new road in the members-gu New Road in Ansan-si; (b) without a driver’s license for a motor vehicle; and (c) driven the said Crocketing motor vehicle, which did not purchase a mandatory insurance, and driven the new road from the shooting distance to the sloping distance.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately operating the steering gear and brake system, and safely operating it.

Nevertheless, the Defendant neglected this and caused the damage to be in excess of KRW 525,063 of the repair cost, such as the replacement of the said FF car, by taking the back part of the FF car owned by the victim E, which was driven by D, in front of the vehicle at the front time, due to negligence in the course of business, which did not properly operate the vehicle at the front time.

Accordingly, the defendant driving a motor vehicle without a driver's license, operated a motor vehicle without mandatory insurance, and damaged the property owned by the above victim due to negligence in the course of business.

2. On April 6, 2012, the Defendant was demanded to comply with the measurement of alcohol in a manner of inserting the breath of alcohol in a manner of making the breath of alcohol, such as drinking, smelling, and smelling the face of the breath of the breath of the breath of the Gyeonggi-si Police Station G, Ansan-si on April 6, 2012, on the grounds that there are reasonable grounds to recognize that the Defendant driven a motor vehicle, such as the breath of the breath of the breath of the breath of the breath of the breath of the breath of the b

Nevertheless, the defendant refuses to do so and the police officer without justifiable grounds.

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