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(영문) 대구지방법원 김천지원 2014.09.23 2014고정276
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the above fine is not paid, one million won shall be converted into one day.

Reasons

Punishment of the crime

On January 24, 2014, at around 23:58, the Defendant: (a) driven a E Car with drinking alcohol on the front distance of D in the Gumi-si, Sinsi, and stopped the said car on the crosswalk, and was locked from the driver’s seat while driving the car on the crosswalk; (b) the witness in this name was reported 112 and was sent to him, and the police officer was sent to the police station in receipt of the report; (c) the police officer of the former U.S. police station who was sent to the police station in receipt of the report, and (d) the police officer was under the influence of drinking, and the Defendant was at the time when the vehicle was on the driver’s seat, and was driven under the influence of alcohol, such as drinking alcohol, and there was a considerable reason to recognize that the Defendant was under the influence of alcohol on the part of the police officer at the time when he was on the driver’s seat, and thus, the Defendant did not comply with the demand of G from 305:0 on January 25, 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Application of Acts and subordinate statutes to each investigation report, a copy of the usage register of a drinking measuring instrument, and photographs (faging CCTVs controlling parking regulations);

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act of the choice of punishment, and the choice of a fine (limited to the fact that there is no previous criminal record for the last ten years, that there is a mother to furn, and that economic situation is difficult under the real name of the seat, etc. but the reduction is inappropriate in light of the legislative purpose of the crime of non-compliance with the measurement of drinking, etc. as stated in the judgment;

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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