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(영문) 대구지방법원 2013.05.02 2012고단8847

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 December 7, 2012, at around 00:50 on December 7, 2012, the Defendant: (a) was making a stop in front of the Hagueel in the MHHA at around 01:35 on the same day after drinking alcohol at the C cafeteria; (b) there were reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling in the Defendant’s entrance at the time, and (c) from around 01:55 to 02:26 on the same day, the Defendant was requested to take a drinking measurement three times from the Chief F of the Police Station to which the Defendant belongs, but did not comply with it without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver and a circumstantial statement;

1. Application of Acts and subordinate statutes to each investigation report;

1. Relevant legal provisions concerning facts constituting an offense and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the selection of fines: The history of two times of punishment for drunk driving, but the depth of the offense is reflected, circumstances leading to the crackdown and driving, the mode of refusing the measurement of alcohol, etc.);

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.