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(영문) 대구지방법원 2013.05.08 2013고정471
공용물건손상등
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a driver of 49c tex without a number plate 49c tex.

1. Around 22:00 on January 24, 2013, the Defendant driven the 1km at a distance of approximately KRW 1 km from the pressure level on the front side of the forest timber, which is located in the amba-dong A, Busan Metropolitan City, without obtaining a bicycle license for a motor device.

2. On the date and time set forth in paragraph (1) of the Road Traffic Act (Refusal of Drinking Measures) and at the location set forth in paragraph (1) of the same Article, the security guards assigned to a police box who reported that the Defendant was in excess of the signal while the Defendant was on the spot and sent out to the scene, and there are reasonable grounds to believe that the Defendant was driven under the influence of alcohol, such as the Defendant’s face is red, rained, and smelling on a bridge, and thus, the police box was demanded to voluntarily proceed to the b box at around 2:13 on the same day, 22:2:23 on the same day, and 22:3 on the same day.

그럼에도 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 않았다.

3. At around 22:40 on January 24, 2013, the Defendant: (a) expressed that, on the same ground as Paragraph (2) of Article 22, the Defendant was able to take a bath to the security guards of the police box that demanded a drinking test; and (b) caused damage to the security guards of the police box that failed to participate in the rupture, the Defendant’s utility equivalent to KRW 40,00,00, which is used by public offices, to take advantage of the security guards inside the police box.

Summary of Evidence

1. Partial statement of the defendant;

1. Report on detection of any suspected violation of the Road Traffic Act (non-license and refusal of measurement of drinking), report on detection of any drinking driver, and report on the circumstantial statement of any drinking driver;

1. Investigation report (the act, etc. of the suspect);

1. Damage photographs;

1. Written estimate;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article of the facts constituting an offense, subparagraph 2 of Article 154 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the driver's license for a driver's license for a motor vehicle).

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