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(영문) 대구지방법원 경주지원 2015.03.04 2014고정277

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On August 27, 2014, at around 20:00, the Defendant driven a 3 km from the fryto the fryto the fryto the fry to the fry to the same fry to the fry to the fry to the fry to the fry to the same frytopy.

The Defendant was demanded from the slope D belonging to the traffic control department of the racing and police station where the Defendant was working for drinking control, to respond to the measurement of drinking by inserting the breathm for about 30 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of drinking, such as taking a response to the drinking reduction, and smelling in the entrance, etc.

피고인은 그럼에도 불구하고 음주측정기에 입김을 불어넣은 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

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

1. Application of the circumstantial statement of a drinking driver, report on detection of a drinking driver, investigation report, ledger of use of a drinking measuring instrument, register of driver's licenses for motor vehicles, and the register of driver's licenses for next occasion Acts and subordinate statutes;

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 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;