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(영문) 대구지방법원 2014.11.28 2014고정2331

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 19, 2014, the Defendant, at around 00:00, driven approximately 1 km in front of the water market in Daegu Pungdong while drinking alcohol, driven approximately 1 km car on a five-lane road in front of the water zone in the same Dong, driven on the five-lane road in front of the water zone in the same Dong, and got a motor vehicle for C driving in the signal signal going ahead of the same direction and in accordance with the stop signal. On the same day, the Defendant received a request from the head of the traffic survey division of the Daegu Water Police Station in the Daegu River Station in receipt of a report at around 0:50 on the same day to accept the demand of the Defendant for a alcohol measurement by inserting the alcohol measuring instrument four minutes more than 30 minutes more than four minutes more than four minutes more.

그럼에도 불구하고 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하다가 큰 소리로 우는 등의 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation Report (as to the negative measurement and refusal to affix seals):

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

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