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(영문) 대구지방법원 영덕지원 2014.03.21 2014고정19

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 November 23, 2013, from around 20:00 to 20:30 of the same day, the Defendant divided one disease from a man’s house located in the Ganjin-gun B, Ganjin-gun, which is located in Ganjin-gun, and c1 ton of the early bombed cargo.

On November 23, 2013, at around 21:15, the Defendant: (a) driven the above vehicle from the bend in the sacrife of the deceased and the front side of the deceased and the front side of the Gando-gun, and was in front of the same while the Defendant was in front of the Dongdo-gun cafeteria, and was reported by the dangerous driving that was obvious to the date of the accident; and (b) carried out the vehicle voluntarily in the E box after receiving a report.

On November 23, 2013, from around 22:02 to 22:35 on the same day, the Defendant was required to take a drinking test by inserting the whole in a drinking measuring instrument three minutes for three minutes, on the grounds that there are reasonable grounds to recognize that he/she was driving under the influence of alcohol, such as smelling in the Defendant’s entrance from around 22:02 to around 22:35 on the same day, by putting the body of the Defendant into a drinking measuring instrument.

Nevertheless, the police officer did not comply with the police officer's request for the measurement of drinking without good cause, such as taking a dog, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes to inquire about the results of detection reports of drivers of drinking alcohol, reports on the circumstances of driving alcohol, reports on internal matters (in relation to refusal to affix seals), reports on the circumstances of driving alcohol, reports on the exposure of any violation of the Road Traffic Act, reports on the detection of any internal history (in relation to the attachment of photographs), carving, and the fact of crackdown on drinking 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. Article 53 or 55 (1) 6 of the Criminal Act for discretionary mitigation (i.e., reflective points and previous points);

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;