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(영문) 대구지방법원 의성지원 2013.11.14 2013고정66

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On July 25, 2013, at around 21:20, the Defendant: (a) while driving a ice B while drinking alcohol on the road in front of 771-10, the front 77.10-way, the front line of the Cheongsong Police Station C commander of the Cheongsong Police Station; (b) there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling, smelling, snicking, etc., by the Defendant; and (c) from around 21:58 of the same day, the Defendant was requested to comply with the breath measurement by inserting the alcohol measuring machine three times at intervals of ten minutes in the office of the police box, but did not comply with the request for the measurement of alcohol by a police officer without justifiable grounds, such as taking the hand of the police officer.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (Selection of Fine) concerning the Selection of Punishment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Article 53 and 55 (1) 3 of the Criminal Act that has been punished once by a fine for gambling prior to 30 years, in consideration of the fact that there is no other

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.