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(영문) 대구지방법원 2012.05.04 2011고정3030

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On August 1, 201, at around 01:20, the Defendant was required to respond to the measurement of alcohol for about 20 minutes on the road in front of the 'Maddong of Sincheon-si, Sincheon-si, Sincheon-si, and the Defendant was required to respond to the measurement of alcohol for about 20 minutes, on the ground that there are reasonable grounds to recognize that the Defendant driven a motor vehicle under drinking, such as smelling, snicking, snicking, reding, and snicking, from D, to the police box of the Yongcheon-

Nevertheless, the defendant avoided this and did not comply with a police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness E;

1. A protocol of partial police interrogation of the accused;

1. Police suspect interrogation protocol regarding F;

1. Each report on investigation;

1. A written report from an employee of an employer;

1. A report on the actual state of the driver;

1. Application of statutes on site photographs;

1. Relevant legal provisions and Articles 148-2 subparagraph 2 and 44 (2) of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201);

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

1. The defendant and his defense counsel asserted that there was no fact that the defendant had driven G vehicle at the time when he was requested to measure alcohol of this case by a police officer.

On July 31, 201, the defendant 4 during the fourth public trial: (a) "the defendant 2 walk-in walk-in walk-in walk-in walk-in walk-in walk-in walk-in walk-in walk-in walk-in walk-in walk-in walk-in walk-in walk-in walk-in walk-in walk-in walk-in walk-in walk-in walk-in walk-in walk-in walk-in walk-in walk-in walk-in walk-in walk-in walk-in walkn-kn