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(영문) 대구지방법원 서부지원 2013.08.28 2013고정885

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

On June 15, 2013, at approximately 30 minutes, the Defendant was required to respond to a drinking test by inserting alcohol into a drinking measuring instrument for approximately 30 minutes, on the ground that there are reasonable grounds to recognize that the Defendant driven a motor vehicle under the influence of alcohol, such as walking and walking off from a slope affiliated with the traffic survey division of the Department of Transport Investigation at the Large-Scale Police Station, while driving a motor vehicle B at the front of the 534-6, Seo-gu, Daegu-gu, Daegu-gu, 2013 under the influence of alcohol.

Nevertheless, the defendant did not respond to a police officer's demand for alcohol testing without a justifiable reason, because he or she should be dint of why he or she should be unable to do so, because he or she does not have any error.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of employer-employed drivers, and statement of employer-employed drivers;

1. Application of the photographic Acts and subordinate statutes;

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 53 and 55(1)6 of the Criminal Act for discretionary mitigation (the fact that the defendant is led to confession, and is an attitude that is repenting, criminal records and investigation records, the primary crime that has no criminal records and investigation records, the fact that the control of traffic offenses is minor, the damage on the side of a vehicle caused by an accident has not been done, and the defendant is old and is under poor circumstances as a general beneficiary under the National Basic Living Security Act);

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;