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(영문) 대구지방법원 서부지원 2013.09.27 2013고정910
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 4,500,000.

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

Reasons

Punishment of the crime

On June 1, 2013, at around 00:30, the Defendant, while driving Samsung Motor Vehicle on the front side of Samsung Motor Vehicle in Seo-gu, Daegu, Seo-gu, Seo-gu, and received a report of suspicion of drunk driving, was found to be a slope D belonging to the Western Police Station C District of the Western Police Station called up and performed a voluntary driving according to C district, and was found to have a drinking.

The Defendant, within the Daegu Western Police Station C District District from 01:20 on the same day to 01:50 on four occasions, demanded a drinking test from a slope D belonging to the C District District, but refused to take a drinking test, referring to “B, as the Telecommunications Law, shall refuse to take a drinking test.”

As a result, the defendant did not comply with a sobreath test of a police officer without any justifiable reason despite a considerable reason to recognize that he is in a drunken state.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of the employer-employed driver;

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;

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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