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(영문) 서울북부지방법원 2014.10.22 2014고정2013

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

The defendant is a person who drives a vehicle B in a arche vehicle.

The Defendant, at around 04:00 on June 8, 2014, drives the said vehicle after drinking the alcohol, and drive approximately 5 meters at an exclusive parking lot for the Gasan-gu Dasan-gu, Daegu-gu.

The police officer belonging to the Daegu Gangseo Police Station C police station, who was called as a report of drinking driving, was under the control of the charge of drinking driving.

At around 04:05 on the same day, the defendant's vehicle extends over the defendant's vehicle at the seat of his/her port and parking lot, and operates the vehicle on board the vehicle from D to the police box belonging to the Daegu Gangseo Police Station.

On the other hand, there are reasonable grounds to believe that the vehicle was dissatched, that the defendant's walking condition was unsatisfed, the face and snow was satched, and that he was driven while under the influence of alcohol, such as smelling, etc., he did not comply with a request for a measurement of alcohol without justifiable grounds.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. Statement on the status of a drinking driver, and a report on detection of a drinking driver;

1. A report on internal investigation (or a report on refusal to measure alcoholic beverages);

1. Application of Acts and subordinate statutes to field photographs and photographs refusing to measure drinking;

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. 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;