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(영문) 대구지방법원 2014.11.28 2014고정1537
도로교통법위반(음주측정거부)
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a driver of a passenger car by borrowing D.

On April 11, 2014, around 21:21, the Defendant passed a three-lane road in front of the major Energy Co., Ltd. in the border area into a two-lane, along the direction of the city in Busan Metropolitan City, on April 11, 2014, and was faced with the Eros vehicles that changed from the three-lane to the two-lane course.

On the same day, there are reasonable grounds to recognize that blood transfusion was driven while under the influence of alcohol, such as a flabing red light from G during the police box belonging to the police box of the Gyeongsan Police Station, which was dispatched after having been reported a traffic accident, and the breab was demanded to respond to the measurement of alcohol by inserting the breath for three times from 21:50 to 22:10 on the same day.

Nevertheless, without a justifiable reason, police officers did not comply with a legitimate request for the measurement of alcohol in a way that “it shall not be punished by a fine within the country, but shall not influence with the will of the driver,” and does not put the body into respiratorys.

Summary of Evidence

1. Each legal statement of witness G and H;

1. Video images of the video recordings;

1. The reference report on the members of the IFT and the International Union;

1. Application of the Acts and subordinate statutes to the inquiry and reply of the members of the J-type Work Union;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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