beta
(영문) 대구지방법원 서부지원 2014.07.18 2014고정570

도로교통법위반(음주측정거부)등

Text

Defendant shall be punished by a fine of 6,500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around 22:35 on April 30, 2014, the Defendant committed a violation of the Road Traffic Act (i.e., violation of the Road Traffic Act) without immediately stopping and checking damage, even though the Defendant, while driving a low-speed motor vehicle at B, and driving it from the direction of a fire station to the achieved police station, which is in the middle of the Daegu-gu Silele-gun, while driving it at the end of the fire station, the Defendant failed to take necessary measures, such as immediately stopping and checking damage, while driving the low-speed motor vehicle at the end of the Defendant’s vehicle, and driving the part of the victim C, which was in the front end of the Defendant’s vehicle, under the influence of the Defendant’s vehicle at the end of the Defendant’s vehicle.

2. The Defendant violated the Road Traffic Act (Refusal of the measurement) on the grounds that there are reasonable grounds to suspect that he/she carried out drinking, such as drinking and smelling to the Defendant, at around 23:25 on April 30, 2014, while she escaped from an accident as stipulated in paragraph (1) of the same Article, and at around 23:25 on April 30, 2014, the Defendant was in charge of the measurement of drinking from G, but did not comply with it from that time until 23:59 on three occasions

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Seas, damaged vehicles, and photographs refusing to measure;

1. Written estimate;

1. Application of Acts and subordinate statutes to a criminal investigation report (with respect to refusal of measurement, refusal of affixing seals, etc.) and a criminal investigation report (Attachment of a damaged Cost Star photograph);

1. Relevant legal provisions concerning the facts of crime, and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the occupation of refusing to measure the noise level), Articles 148 and 54 (1) of the Road Traffic Act (the occupation of measures not to be taken after accidents), the selection of each fine;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;