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(영문) 대구지방법원 김천지원 2013.12.19 2013고정580

도로교통법위반(음주측정거부)

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 who drives a motor vehicle B while driving the motor vehicle.

On June 24, 2012, at around 22:00, the Defendant was driving the said vehicle while under the influence of alcohol in front of the stimulation distance, which was in front of the stimulb in the original city, and was found to have been found to have been driven under the influence of alcohol, such as the operation of the said vehicle under the influence of alcohol in front of the blood alcohol concentration. There are reasonable grounds to acknowledge that the Defendant driven the vehicle under the influence of alcohol, such as smelling at the entrance of the police box of the former US police station

6. 22:45 on 24. 22:45 from the same day to 23:00 on 3 occasions.

Nevertheless, the defendant avoided this and rejected the police officer's demand for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a copy of the report on the actual state of a drinking driver, and a copy of the usage register of drinking meters;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the selection of fines for the punishment, and the selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.