Housing Daegu

In order to order the provisional payment of an amount equivalent to the above fine.

On August 18, 2012, at 07:35, the Defendant stopped a motor vehicle * Daegu********* after stopping the motor vehicle, the horse boo, who belongs to the traffic safety department of the Jung-gu Police Station called up after receiving a report, let the Defendant disembark the motor vehicle at the vehicle, and voluntarily driven the motor vehicle in the west Zone. There are reasonable grounds to suspect that the motor vehicle was driven while under the influence of alcohol, such as drinking alcohol and drinking on the face, etc., the Defendant was demanded to comply with a drinking test by inserting it into a drinking measuring instrument over about 30 minutes from a slope of working in the west Zone of the Jung-gu Police Station of the Jung-gu Police Station. Nevertheless, the Defendant did not comply with a request for a drinking test without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the witness ○○ in the third protocol of the trial;

1. Statement of police statement on ○○○;

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. Photographs, etc. at the time of refusal of measurement;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 148-2(1)2 and 44(2) of the Road Traffic Act (Selection of Fine)

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judgment on the argument of the defendant and defense counsel

1. Defendant and his defense counsel’s assertion

The defendant and his defense counsel argued that the defendant did not drive a vehicle, but the defendant argued that he did not drive the vehicle (specificly, the defendant requested the investigative agency to have a substitute driver from the investigative agency to the court and asked the substitute driver to do so so so and stated that the substitute driver at home was required to pay the substitute fee to the defendant and the substitute driver at the place where the construction work in this case was entered).

2. Determination

According to the evidence duly adopted and examined by this court, the following facts are as follows: ① the defendant was living in Daegu******** the defendant was living in the driver’s seat of a passenger car (hereinafter referred to as “instant vehicle”) and ② the police officer dispatched to the scene upon receipt of the report discovered the defendant who was sitting in the driver’s seat of the instant vehicle and let him leave the vehicle and voluntarily driven the vehicle; ③ the instant vehicle stopped at the place on August 18, 2012 and moved the vehicle at around 06:57 on the same day and on the same day at around 07:43 on the same day, and the vehicle was stopped. In full view of the above facts, it is also acknowledged that the person driving the vehicle at the place on which the facts were stated in the crime. Accordingly, the defendant and the defense counsel do not accept the aforementioned assertion.

The grounds for sentencing 00,000 won or more to 10,000 won

In light of the fact that the Defendant refuses to take a drinking test without justifiable grounds even when he is suspected of having a strong drinking driving, and that the Defendant seems to lack the sufficient reflectiveness of the Defendant, the Defendant’s liability for the crime is not weak.

However, in consideration of various sentencing factors in the arguments in this case, such as the fact that the defendant gather the mother of 90 years of age who is hospitalized in the hospital due to the serious illness and raises the university student alone by raising the child of the university student with daily labor, the punishment as ordered shall be determined within the scope of the punishment.

Judges Kim Jae-tae

Judges Lee Jong-soo