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(영문) 대구지방법원 영덕지원 2013.03.22 2013고정17
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a driver of Category B car.

On December 15, 2012, at around 15:09, the Defendant: (a) driven the said vehicle under the influence of alcohol to the right-hand side from the jurisdiction of the livestock branch; (b) when driving the said vehicle under the influence of alcohol to the right-hand side from the jurisdiction of the field of the livestock branch, the Defendant, at around 15:09, was required to comply with a drinking test by inserting the vehicle into a drinking measuring instrument three minutes at intervals of 10 minutes at the jurisdiction of the office of the police box.

Nevertheless, the defendant avoided this and did not comply with the police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. Application of Acts and subordinate statutes described in each of the reports on detection of drivers, reports on the occurrence of traffic accidents, reports on internal accidents (cases of refusing to measure drivers of vehicles involved in accidents, etc.), and reports on accident accident;

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

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;

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