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(영문) 대구지방법원 2012.11.28 2012고합1043

도로교통법위반(음주측정거부)

Text

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

On August 27, 2012, at around 21:15, the Defendant, while driving a gallon driver car on the front of the gallon restaurant 191, Youngcheon-si 191, the Defendant was voluntarily driven in Nonindicted D’s patrol patrol box, E, the police box at the police box at the gallon, E, and there is reasonable ground to recognize that the Defendant driven under the influence of alcohol by drinking, such as drinking alcohol, smelling on the face, raising a ballon from the slope G belonging to the above police box at around 30 minutes, and the Defendant was requested to comply with the drinking measurement by inserting the ballon at around 30 minutes of alcohol measuring instruments, but the Defendant refused to comply with the drinking measurement without justifiable grounds, because he avoided the drinking measuring instrument without taking the site, and failed to comply with the drinking measurement by a police officer without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Report on detection of a suspect, report on the circumstantial statement of a drinking driver, report on detection of a drinking driver, and police investigation report (report on the circumstances of a drinking driver);

1. Application of police investigation reports (Attachment of photographs) Acts and subordinate statutes;

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 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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.