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(영문) 대구지방법원 2016.05.04 2015고정2792

도로교통법위반(음주측정거부)

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 3, 2015, at around 23:50 on November 3, 2015, the Defendant driven B-owned cargo vehicles on the front of an influent restaurant located in the Daegu Dong-gu, Daegu-gu, Daegu-gu, and was driven under the influence of alcohol, such as driving of B-owned cargo vehicles at the front of the cafeteria, which was cut away from D in the vicinity of the seat of the C District belonging to the Daegu Dong-gu police station, Daegu-gu, and the face of walking was red and

Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 30 minutes into a drinking measuring instrument.

Nevertheless, the police officer did not comply with the request for alcohol testing without justifiable grounds, such as avoiding putting the whole in a drinking measuring instrument.

Summary of Evidence

1. Part of the defendant's legal statements;

1. Each legal statement of witness D and E;

1. Application of Acts and subordinate statutes to photographs of vehicles under influence at the time of drinking control;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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