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(영문) 대구지방법원 안동지원 2014.01.08 2013고정195

도로교통법위반(음주측정거부)

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On June 16, 2013, at around 00:20, the Defendant was required to respond to a drinking test by inserting approximately 5 kilometers from the sniffest D to the front side of the Korean real estate at the same time, while driving the launa car at approximately 5 kilometers, which was in front of the old baled baled baled at the west-si, Sari, Anari-si, Sari-si, the Defendant, while driving the launa car at around 00:20,000, while drinking, he was under significant grounds to recognize that the Defendant was under the influence of alcohol, such as smelling, smelling, and gaing, red on the face, etc., from around 01:1 to around 01:31 of the same day.

Nevertheless, the defendant avoided this and did not comply with the police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. A written confirmation of a person who refuses to take a drinking test;

1. On-site photographs and reports thereon;

1. Application of Acts and subordinate statutes to report internal investigation which is refused to measure alcohol;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the selection of fines for the punishment, and the selection of fines;

1. Article 53 and Article 55(1)6 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 21, 201; 201Da1448, Apr. 2, 201);

1. Articles 70 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;