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(영문) 대구지방법원 2013.11.20 2013고정2089

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On July 2, 2013, at around 19:20, the Defendant, while drinking alcohol in front of the Haakdong-gu, Daegu-gu, Daegu-gu, about 30 minutes, was demanded four times from G in the border department of the transportation survey at the Daegu-dong Police Station, which determined that there were reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as drinking alcohol, drinking alcohol, snow snow snow, and shocking alcohol, in an emergency hospital located in Daegu-gu, Daegu-gu, about 20:40 on the same day, the Defendant was required four times to respond to the measurement of alcohol through approximately 30 minutes.

Nevertheless, the defendant did not comply with a police officer's request for sobage measurement without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of Acts and subordinate statutes to photographs which refuse to measure alcohol;

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 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;