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(영문) 대구지방법원 2013.04.25 2013고단1494
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

1. Around 04:50 on February 4, 2013, the Defendant driven a C Trate cab without a vehicle driver’s license from the front road of the Daegu Northern-dong 797-1, Daegu Northern-dong to the front road of approximately 700 meters from around the same time to the front road of the building located in the same 681-3 area.

2. Around 04:50 on February 4, 2013, the Defendant, at the place specified in paragraph (1) of the Road Traffic Act, voluntarily moved to the office of the Daegu Northern Police Station D District Unit of the Daegu Northern Police Station, who was called for after receiving a report on a drunk driving, at the place where the said vehicle was driven, along with the police officers belonging to the D District Unit of the Daegu Northern Police Station D District Police Station, called for.

At around 05:30 on the same day, the Defendant avoided the demand of the Defendant to comply with the sobreath test by inserting the breath in a breathm between approximately 40 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smell F, a police officer belonging to the said breath, in a breath of the said breath, and breathing on the face, etc.

As a result, the defendant did not comply with a police officer's request for a alcohol test without justifiable reasons.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the defendant and G concerning the police officer;

1. The circumstantial report of an employee;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Application of each statute on photographs;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the occupation of refusing to measure the noise, the choice of fines) concerning the selection of punishment, and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act (the occupation of driving without a license and the selection of fines);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

1. Although the criminal defendant's liability for sentencing of Article 334 (1) of the Criminal Procedure Act is not minor, the criminal defendant's prior conviction is more than a suspended sentence.

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