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(영문) 대구지방법원 2013.03.29 2012고합1170

도로교통법위반(음주측정거부)

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

On August 18, 2012, around 07:35, the Defendant stopped CY A car at the end-distance first line of the Sejong Jung-gu State Bond Compensation, and was seated at the driver’s seat, and D, a light-line D belonging to the traffic safety department of the Jung-gu Police Station called out after receiving a report, let the Defendant get off the vehicle at the seat of the driver’s seat, and operated voluntarily as E zone.

As there are reasonable grounds to suspect that the Defendant driven a motor vehicle while under the influence of alcohol, such as smelling, smelling on the face, etc., the Defendant was demanded to respond to the measurement of alcohol by inserting approximately 30 minutes of working slope F in the Central Police Station E Zone E-gu of the Central Police Station.

Nevertheless, the defendant did not drive under the influence of alcohol, and the defendant did not comply with the request for measurement of drinking without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by witnesses G in the third protocol of trial;

1. Statement of D police statement;

1. Report on detection of a suspect, report on internal investigation (general), report on detection of a host driver, report on the circumstantial statement of a host driver, report on investigation (investigation into CCTV in the place of timely departure) and report on investigation;

1. Application of Acts and subordinate statutes, such as photographs at the time of refusal of measurement;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, which choose the penalty for the crime;

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserted that the defendant refused to take a drinking, but the defendant did not drive the vehicle.

Specifically, the defendant requests the investigative agency to allow the proxy driver to drive on his/her behalf from the investigation agency to the court and the proxy driver to pay his/her fees on his/her behalf during his/her work.