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(영문) 대구지방법원 2013.08.22 2013고정1786

도로교통법위반(음주측정거부)

Text

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

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

Reasons

Punishment of the crime

At around 02:35 on May 2, 2013, the Defendant, as a driver of a benz vehicle B, driven the said vehicle under the influence of alcohol, by one kilometer from the Jinsan-si Suleng-si, to the front street in front of the oil station located in the same Eup/Myeon.

At this time, the police box C commander of the Gyeongsan Police Station: (a) met the report that a drinking driver is a drinking driver from E (the age of 58) and immediately arrives at the site, and confirmed the result, there is a reasonable ground to recognize that the defendant was driving under the influence of alcohol, such as the defendant's reply in a state of windowping, big and unfolding questions, etc., at about 10 minutes from May 2, 2013 to 03:31.

However, the defendant did not comply with the demand for a drinking test without justifiable reasons.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The circumstantial statement;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes on investigation reporting;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.