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(영문) 대구지방법원 2013.10.23 2013고정2244
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of four million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is the driver of the cargo vehicle B.

On July 23, 2013, the Defendant, while under the influence of alcohol at around 23:00, driven approximately 500 meters from the front side of the apartment parking lot of the Dogsan-gu 5 apartment complex apartment complex located in the Daegu Suwon-gu, Daegu-gu, the Defendant refused to take a drinking test without justifiable reasons, despite the need to comply with the request for a drinking test.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each E and F statement;

1. Application of Acts and subordinate statutes to the circumstantial report of a host driver and the report on detection of a host driver;

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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