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(영문) 부산지방법원 2013.10.22 2013고정3977
도로교통법위반(음주측정거부)등
Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Defendant

A 51 years of age is a person who drives B multilateral passenger cars.

1. On April 7, 2012, the commissioner of a district police agency has not obtained a driver's license for a motor vehicle issued on April 7, 2012 and driving approximately one kilometer from the front of the two original real estate located in the same Dong in the Cheongdo-dong, Busan Metropolitan City to the lower area.

D that the injured party C (year 42) driven by the Central Line and going against the opposite part would impair the utility of the property that requires the repair cost of KRW 1,217,821 due to occupational negligence, which causes the shock of the D that the injured party C (year 42) driven by the Central Line.

2. The Defendant did not comply with a police officer’s legitimate demand for a measurement of alcohol in order to determine whether he was under the influence of alcohol by driving under the influence of alcohol with the preceding paragraph, such as smelling at a time and at a place as referred to in paragraph (1).

3. Every person who operates an automobile shall subscribe to liability insurance determined by the State;

Nevertheless, the defendant operated the above vehicle which was not covered by the liability insurance from the point of absence to the day of the above traffic accident.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of traffic accidents;

1. Reports on traffic accidents, photographs, registers of driver's licenses, estimates, photographs, reports on driver's license and reports on accident and notification of compulsory purchase of insurance;

1. Application of investigation reports, investigation reports, and Acts and subordinate statutes to the Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, Article 151 of the Road Traffic Act, Article 148-2 (1) 2 of the Road Traffic Act, Article 46 (2) and the main sentence of Article 8 of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 11369, Feb. 22, 2012), the choice of fines, and the choice of fines, respectively;

1. The Criminal Act among concurrent crimes.

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