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Defendant shall be punished by a fine of KRW 4,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
[2013 High Court Decision 1744]
1. On December 25, 2012, at around 08:30, the Defendant violated the Road Traffic Act (e.g., refusal to take a drinking level), the Defendant failed to comply with a drinking test without justifiable grounds, even though he/she was required to comply with a drinking test by inserting approximately 30 minutes of a 30-minute drinking measuring instrument from the police box belonging to the Sungnam Police Station D commander of the Sungnam Police Station, when he/she was able to recognize that he/she was able to take a drinking smell on the front of the Macheon-dong, Macheon-dong, Sungnam-dong University at the Sungnam-dong University at around 08:30.
2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated a passenger car with the said vehicle not covered by mandatory insurance at the time and place specified in the foregoing paragraph 1.
[2013 High 1849] The Defendant conspired with F, and the Defendant interfered with the victim’s restaurant business by force, on May 4, 2013, on the ground that there was a large amount of food value at the I restaurant of the H operation of the victim’s G located in Seongbuk-gu, Seongbuk-gu, Sungnam-gu from May 4, 2013 to 06:55.
Summary of Evidence
[2013 High Court Decision 1744]
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Report on actions taken against an employer, and report on the status of an employer-employed driver;
1. A traffic accident occurrence report;
1. On-site photographs;
1. A written statement of the occurrence of each traffic accident by J and K;
1. Defendant's legal statement;
1. Each police interrogation protocol against the accused and F;
1. The police statement of H;
1. Application of the Acts and subordinate statutes to investigation reports (to hear statements made in patrolmen and to attach a list of 112 reported cases);
1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the denial of drinking and the selection of fines), 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, the selection of fines), and Article 314 (1) and (2) of the Criminal Act;