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(영문) 대구지방법원 2014.09.12 2014고정35

도로교통법위반(음주측정거부)등

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 driver of a passenger car in the Stity area B.

1. On April 12, 2013, the Defendant was demanded to comply with a drinking test by inserting a drinking measuring instrument over about 30 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant driven the said vehicle while driving the vehicle under the influence of alcohol in the street in the front of Daegu Suwon-gu C on the street, and there was a considerable reason to recognize that the Defendant driven the said vehicle under the influence of alcohol, such as drinking in the direction of the traffic safety department belonging to the Suwon Police Station, and drinking in the face, etc., by inserting it in the influence of alcohol during the influence of alcohol between approximately 30 minutes.

그럼에도 피고인은 인적사항 및 주거지를 밝히기를 거부하고 운전을 하지 않았다고 계속 진술하는 등 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

2. The Defendant violated the Road Traffic Act (unlicensed driving) driven the said vehicle at the above temporary border without a driver’s license at a distance of 2-3 meters.

Summary of Evidence

1. Defendant's legal statement;

1. An investigation report (as to refusal of a noise measurement):

1. Application of Acts and subordinate statutes on license ledger;

1. Relevant provisions of Article 148-2 (1) 2, Article 44 (2) of the Road Traffic Act concerning the facts constituting an offense (a point of refusal of the measurement of alcoholic beverages), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act;

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

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